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Maintenance and Alimony
in India

Maintenance and alimony are financial issues that may arise during matrimonial disputes, separation and divorce proceedings. Depending on the circumstances and the applicable law, a spouse may seek financial support during the proceedings or after the marriage has been dissolved.

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A maintenance and alimony lawyer in India may assist with understanding the relevant legal provisions, preparing an application and presenting the financial circumstances before the appropriate court. Adv. Kanchan Talreja’s experience as a maintenance and alimony lawyer is immense, and this is used extensively to ensure every client gets the due financial support.

The amount of maintenance or alimony is not determined by a single formula that’s applicable to every case. Courts examine the facts, financial standing of the parties and the statutory provisions under which the claim is made.

What Is Maintenance?

Maintenance generally refers to financial support provided to a person who is legally entitled to seek it under the applicable law. In matrimonial matters, maintenance may arise during an ongoing proceeding or in connection with a claim made after separation or divorce. Different statutory provisions provide for different forms of maintenance, and the requirements can vary according to the circumstances.

Maintenance may be sought for expenses such as:

Food and daily living expenses

Accommodation

Clothing

Medical expenses

Education-related expenses

Other reasonable needs recognised under the applicable law

The exact scope of a maintenance claim depends on the statutory provision relied upon and the facts of the matter.

01

What Is Alimony?

Alimony is generally understood as financial support provided by one spouse to the other in connection with the breakdown or dissolution of a marriage.Depending on the applicable law, financial support may take the form of periodic payments or a lump-sum amount. An alimony arrangement may also form part of a settlement between spouses.

The terms and legal consequences of an alimony arrangement should be carefully checked before accepting it.

02

Who Can Claim Maintenance?

The right to seek maintenance depends on the applicable law and the circumstances of the parties. A wife may, in appropriate circumstances, seek maintenance from her husband. A husband may also have statutory rights in certain matrimonial proceedings depending on the applicable legislation and circumstances.

Children may have separate rights to financial support from their parents under applicable law. Therefore, questions concerning wife maintenance rights in India cannot be answered solely on the basis of marital status. The relevant statutory provision, financial circumstances and facts of the matter must be considered.

Which Provision Applies to Your Claim?

Maintenance in India is not governed by a single law. Which provision applies depends on your religion, whether a matrimonial case is already pending, and which court you approach. More than one may be open to you at the same time.

Section 24 for interim maintenance and Section 25 for permanent alimony under the Hindu Marriage Act, 1955; Sections 36 and 37 of the Special Marriage Act, 1954; Section 18 of the Hindu Adoptions and Maintenance Act, 1956; Section 20(3) of the Protection of Women from Domestic Violence Act, 2005; and Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

ProvisionWho May ApplyWhich CourtWhat May Be Ordered
Section 24, Hindu Marriage Act, 1955Either spouseThe court hearing the matrimonial petitionMaintenance while the proceeding is pending, and the expenses of the proceeding.
Section 25, Hindu Marriage Act, 1955Either spouseThe court that passed the decreePermanent alimony and maintenance, as a lump sum or as periodical payments.
Sections 36 and 37, Special Marriage Act, 1954The wife (Section 36); either spouse (Section 37)The court hearing the petitionMaintenance pending the suit and expenses (Section 36); permanent alimony
(Section 37).
Section 18, Hindu Adoptions and Maintenance Act, 1956A Hindu wifeFamily Court or civil courtMaintenance during her lifetime, including where she lives separately for a
cause recognised by the section.
Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 CrPC)Wife, children and parentsMagistrateA monthly allowance for maintenance. This provision applies irrespective of religion.
Section 20 read with Section 23, Protection of Women from Domestic Violence Act, 2005An aggrieved womanMagistrateMonetary relief for expenses and losses caused by domestic violence, and interim
relief while the application is pending.
Section 3, Muslim Women (Protection of Rights on Divorce) Act, 1986A divorced Muslim womanMagistrateReasonable and fair provision and maintenance from her former husband.

In every maintenance proceeding, both parties are required to file an Affidavit of Disclosure of Assets and Liabilities — Rajnesh v. Neha (2021) 2 SCC 324. The same judgment sets out what a court weighs in fixing the amount, and the date from which maintenance runs.

03

Maintenance During Divorce Proceedings

A spouse may seek interim maintenance while a divorce or matrimonial proceeding is pending, where the applicable legal requirements are satisfied.

The purpose of interim financial support is different from a final determination of maintenance or permanent alimony. An interim application is considered while the main proceeding continues.

The court may consider the financial position of both parties, their respective needs and obligations and other circumstances relevant under the applicable law.

04

Permanent Alimony

Permanent alimony refers to financial support that may be ordered or agreed upon in connection with the dissolution of a marriage, depending on the applicable law.

It may be structured as:
✓ A lump-sum payment
 
✓ Periodic payments
 
✓ Another arrangement permitted under the applicable law

The form and amount depend on the circumstances and the legal provision under which the relief is considered.

05

Alimony Calculation in India

The process of getting child custoda

There is no universal percentage or mathematical formula that determines alimony in every case.

When considering alimony calculation in India, relevant circumstances may include:
✓ Income of both spouses
✓ Assets and financial resources
✓ Regular expenses
✓ Existing liabilities
✓ Standard of living during the marriage
✓ Duration of the marriage
✓ Age and health, where legally relevant
✓ Earning capacity
✓ Responsibilities towards children
✓ Other financial obligations
✓ Circumstances affecting the ability to earn

The relevance and weight given to the above factors can differ from one matter to another.

A person’s salary alone therefore does not necessarily determine the amount of maintenance or alimony.

y after divorce depends on the circumstances and the existing legal arrangements.

A parent seeking custody may need to establish why the proposed arrangement serves the child’s welfare. Relevant information may include the child’s current living arrangements, education, relationship with each parent and to provide care.

Where there is already a custody order, the appropriate legal procedure may involve seeking modification or other relief rather than starting an entirely new proceeding.

06

Financial Disclosure

Financial information can be important in maintenance proceedings.

Courts may require parties to disclose information concerning their income, assets, liabilities and expenditure.

Documents that may be relevant include:
✓ Salary slips
✓ Income-tax returns
✓ Bank statements
✓ Employment records
✓ Business or professional income records
✓ Details of investments
✓ Loan and liability statements
✓ Property-related documents
✓ Records of significant expenditure

The documents required depend on the nature of the proceedings and the issues in dispute.

07

Maintenance and Earning Capacity

The financial position of a spouse is not always assessed solely by looking at current income.Depending on the circumstances, questions concerning education, qualifications, employment history, earning capacity and voluntary reduction of income may become relevant.

At the same time, the existence of an educational qualification or past employment does not automatically establish a particular level of earning capacity. The court considers the evidence and circumstances before it.

08

Maintenance for Children

Financial support for children is separate from the financial relationship between spouses.

Parents may have legal obligations towards their children concerning education, healthcare, accommodation and other reasonable expenses. When parents separate, or divorce, arrangements for these expenses may be considered along with custody and visitation issues.

The child’s needs and welfare are relevant considerations in determining appropriate financial arrangements.

09

Can Maintenance Be Claimed After Divorce?

Depending on the applicable law, maintenance or alimony may be sought after divorce in circumstances recognised by statute. The right to make such a claim and the nature of the relief available depend on the provision under which the application is made and the circumstances of the parties.

A divorce decree does not necessarily resolve every financial issue between former spouses unless those matters have been dealt with through the proceedings or a legally recognised settlement.

10

Maintenance and Mutual Consent Divorce

Spouses seeking mutual consent divorce may agree on financial arrangements as part of their settlement.

The agreement may address:
✓ Permanent alimony
✓ Periodic financial support
✓ Child-related expenses
✓ Property or financial arrangements
✓ Other outstanding matrimonial claims

The terms should be clearly recorded so that both parties understand what they have agreed to.

Where an agreement provides for a lump-sum settlement, the circumstances and legal effect of the settlement should be considered before it is finalised.

11

Maintenance in Contested Divorce

In a contested divorce, one spouse may seek maintenance or alimony even when the other spouse disputes the divorce or other allegations. Financial applications may be considered separately from the question of whether the marriage should be dissolved. Interim maintenance may also be sought while the main divorce proceeding remains pending.

The court considers the relevant financial information and the statutory requirements applicable to the claim.

12

What If the Paying Spouse Does Not Comply?

Where a court has passed a maintenance or alimony order, failure to comply may have legal consequences. The available remedies depend on the nature of the order, the legislation under which it was passed and the circumstances of non-compliance.

A person who has not received payments ordered by a court may need to take appropriate enforcement proceedings before the relevant court.

13

Can a Maintenance Order Be Changed?

In appropriate circumstances, a maintenance order may be subject to modification, variation or reconsideration where the applicable law permits it. A substantial change in income, financial circumstances, employment, responsibilities or other relevant factors may become material.

Whether an existing order can be changed depends on the statutory provision under which it was passed and the circumstances presented to the court.

14

Maintenance and Property

Maintenance and ownership of property are separate legal issues, although the financial circumstances surrounding property may be relevant in a maintenance proceeding.

Ownership, possession, income generated from property and other financial interests may need to be examined where they are relevant to the parties’ financial position. A claim for maintenance does not automatically transfer ownership of property from one spouse to another.

15

Maintenance Claims Involving NRIs

Where one spouse lives outside India, maintenance proceedings may involve additional procedural considerations.

Issues may include:
✓ Jurisdiction
✓ Service of court documents
✓ Disclosure of overseas income
✓ Assets held outside India
✓ Participation in proceedings from abroad
✓ Enforcement of an Indian order

The legal and practical issues depend on the countries involved and the applicable law.

Legal Assistance in Maintenance and Alimony Matters

A maintenance or alimony proceeding requires an assessment of the applicable law and the financial circumstances of both parties.

Legal assistance may include reviewing financial documents, identifying the appropriate statutory provision, preparing an application or response, addressing financial disclosures and representing a party before the relevant court.

The amount of maintenance or alimony cannot be determined reliably without examining the facts and financial information relevant to the matter. Adv. Kanchan Talreja and her team help her clients bring all the necessary facts and information to the fore so the court can reach the right decision.

Courts decide financial claims according to the applicable law and the evidence presented. No particular amount, order or outcome can be guaranteed in advance.

Have Questions?

Frequently Asked Questions

How much alimony will I get? Is there a fixed percentage?

There is no fixed formula. The court considers both parties' income and assets, the standard of living during the marriage, the needs of you and your children, the length of the marriage and any career you gave up (Rajnesh v. Neha, 2021). The Supreme Court has treated 25% of the husband's net salary as a reasonable benchmark for monthly maintenance (Kalyan Dey Chowdhury v. Rita Dey Chowdhury, 2017). That figure is a guide, not a rule. A maintenance and alimony lawyer in Mumbai can help assess these factors and present the relevant financial circumstances to the court.

I am working. Can I still claim maintenance?

Yes, if your income is not enough to maintain the standard of living you had during the marriage. Being able to earn is not by itself a reason to deny maintenance (Shailja v. Khobbanna, 2018). Your actual income will, however, affect the amount the court awards.

My husband is hiding his income. What can I do?

Both spouses must file a sworn Affidavit of Disclosure of Assets and Liabilities, backed by tax returns and bank statements (Rajnesh v. Neha, 2021). If he conceals income, the court can draw an adverse inference and assess it from his lifestyle. Quitting his job does not help him either: an able-bodied husband is bound to earn and maintain his family (Anju Garg v. Deepak Kumar Garg, 2022).

Should I take lump-sum alimony or monthly maintenance?

It depends on your situation. A lump sum gives certainty and means you never have to chase payments, but it is usually full and final. Monthly maintenance can be revised later if circumstances change, under Section 25(2) of the Hindu Marriage Act or Section 146 BNSS (formerly Section 127 CrPC). However, you may have to enforce it if payments stop.

Can a husband claim maintenance from his wife?

Under Sections 24 and 25 of the Hindu Marriage Act, yes. These provisions are gender-neutral and apply where the husband has no sufficient independent income. Under Section 144 BNSS (formerly Section 125 CrPC), no: only a wife, children and parents can claim.

Can I claim maintenance in more than one court?

Yes. Claims under the Hindu Marriage Act, Section 144 BNSS and the Domestic Violence Act can run side by side. You must disclose any earlier order, and the court will adjust the amounts so there is no double recovery (Rajnesh v. Neha, 2021). Muslim women can also claim under Section 144 BNSS (Mohd. Abdul Samad v. State of Telangana, 2024). A maintenance and alimony lawyer in India can help ensure that claims across these proceedings are properly disclosed and addressed.

Disclaimer: This is general information, not legal advice.

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