Introduction to Alimony and Maintenance in India
When a marriage legally ends, financial stability becomes a key concern for either spouse — especially the one without an independent source of income.
Indian law provides alimony and maintenance as financial support to ensure that neither party suffers undue hardship after separation.
This guide by LSO Legal explains the full process, rights of husband and wife, types of maintenance, duration, calculation method, and court procedure for claiming or defending alimony after divorce.
What is Alimony and Maintenance?
Although the terms are often used together, there’s a subtle difference:
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Maintenance: Regular financial support paid during or after legal proceedings to meet daily living expenses.
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Alimony: A lump-sum or recurring payment granted by the court after the final decree of divorce as long-term compensation.
Both ensure financial fairness after marital separation.
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Types of Maintenance under Indian Law
1. Interim Maintenance
Temporary financial aid given during the pendency of divorce or maintenance proceedings.
It covers immediate expenses like food, rent, education, and legal costs.
2. Permanent Maintenance
Awarded once the divorce is finalized.
It can be lump-sum alimony or monthly payments, depending on income, duration of marriage, and lifestyle.
3. Child Maintenance
Separate from spousal support, this covers the child’s education, healthcare, and upbringing expenses.
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Eligibility to Claim Maintenance
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Either husband or wife can apply for maintenance depending on financial condition.
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The applicant must prove inability to maintain themselves.
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The respondent (payer) must have sufficient means to pay.
Special Rule:
Traditionally, wives claim maintenance; however, in modern interpretation (as per Rajnesh v. Neha, 2021 SC), even a husband can claim maintenance if the wife is financially stronger.
Legal Provisions for Alimony and Maintenance in India
| Law / Section | Applicable To | Provision Summary |
|---|---|---|
| Section 24, Hindu Marriage Act (1955) | Either spouse | Maintenance pendente lite (while case is pending) |
| Section 25, Hindu Marriage Act (1955) | Either spouse | Permanent alimony and maintenance after divorce |
| Section 18, Hindu Adoption & Maintenance Act (1956) | Wife | Right to be maintained by husband |
| Section 125, Criminal Procedure Code (1973) | All religions | Maintenance for wife, children, and parents |
| Protection of Women from Domestic Violence Act (2005) | Women | Monetary relief for victims of abuse |
| Special Marriage Act (1954) | Civil marriages | Alimony under Section 36 & 37 |
Factors Considered by Court While Deciding Alimony
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Income & assets of both parties
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Standard of living during marriage
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Duration of marriage
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Age & health of spouses
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Custody of children
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Conduct of both spouses
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Other dependents and liabilities
The goal is not punishment — it’s to ensure financial equality and dignity after separation.
Calculation of Alimony Amount
While there’s no fixed formula, courts usually follow these guidelines:
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Monthly maintenance: 25–33 % of the paying spouse’s net monthly income.
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Lump-sum alimony: Usually 1/5 to 1/3 of total income over a defined period.
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Child maintenance: Decided separately based on age, schooling, and lifestyle.
Example:
If the husband’s monthly income is ₹1 lakh, the wife may receive ₹25,000–₹33,000 as monthly maintenance, depending on circumstances.
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How to Apply for Maintenance in India
1. Consult a Family-Law Advocate
Get legal advice to determine eligibility and required documentation.
2. Prepare Application or Petition
File under appropriate section (HMA §24/25 or CrPC §125) with proofs of marriage, income, and expenditure.
3. Court Proceedings
The respondent is served notice; both sides present income affidavits and evidence.
4. Court Order
Judge determines interim or permanent maintenance based on submissions.
5. Enforcement
If payments are missed, execution petitions or contempt proceedings can be filed.
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Rights of Wife After Divorce in India
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Right to maintenance & alimony (lump sum or monthly)
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Right to residence or alternate accommodation
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Right to child custody or visitation
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Right to Streedhan (gifts, jewelry, property)
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Right to compensation under the Domestic Violence Act (2005)
Rights of Husband After Divorce in India
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Right to defend excessive alimony claims
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Right to claim maintenance if unemployed or ill
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Right to shared custody or visitation
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Right to settlement negotiation via mutual consent divorce
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Right to appeal or modify maintenance order if financial conditions change
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Tax Implications of Alimony in India
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Monthly maintenance is tax-free for the receiver and not deductible for the payer.
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Lump-sum alimony is treated as a capital receipt (neither taxable nor deductible).
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Always maintain proper documentation and receipts for record.
Common Mistakes to Avoid
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Not submitting accurate income proofs
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Accepting verbal settlements without court approval
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Ignoring court notices or hearings
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Failing to update changed income status
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Not consulting a qualified legal professional
Need Legal Help for Alimony or Maintenance Cases?
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Frequently Asked Questions (FAQ) – Alimony & Maintenance in India
1. What is the difference between alimony and maintenance?
Maintenance is periodic financial support, whereas alimony is long-term or lump-sum compensation granted after divorce.
2. How is the alimony amount decided in India?
Courts evaluate income, standard of living, duration of marriage, and responsibilities before fixing an amount.
3. Can a husband claim maintenance?
Yes. If the wife earns significantly more or the husband is unable to work, he may claim maintenance under Section 24 HMA.
4. Is there a time limit for filing maintenance after divorce?
No specific limit, but earlier filing is recommended to avoid financial hardship.
5. Can the alimony order be changed later?
Yes. Either party may seek modification if their financial status changes substantially.
6. What happens if one spouse refuses to pay?
Non-payment can lead to execution proceedings, attachment of salary, or contempt action by the court.
7. Is alimony taxable in India?
Monthly maintenance is tax-free for the receiver and non-deductible for the payer; lump-sum alimony is not taxable.
