Alimony | Who Pays Whom and How Much? Understanding Alimony Laws in India
- Legal Associate
- Jun 2
- 7 min read
Introduction
Alimony is one of the most critical and contested aspects of divorce proceedings in India. Whether you're the husband fearing a lifetime of financial obligations or a wife seeking fair support after separation, understanding the legal contours of alimony is essential. Popularly referred to as "maintenance" in Indian law, alimony is a monetary support one spouse pays to another after separation or divorce to maintain a standard of living comparable to that during the marriage. There are numerous misconceptions and conflicting opinions surrounding who pays whom, how much is paid, and what factors the courts actually consider. With the growing number of divorce cases in both Indian and NRI communities, alimony disputes often turn into financial and emotional battlegrounds.
Alimony vs. Maintenance: Understanding the Terminology
The terms "alimony" and "maintenance" are often used interchangeably in common language. However, legally they can refer to slightly different concepts depending on the statute and context:
Maintenance: Refers to financial support provided during the marriage or during the pendency of court proceedings. It may be interim (temporary) or permanent and is available under various laws including:
Section 125 CrPC/ Section 144 of BNSS
Hindu Adoption and Maintenance Act, 1956
Protection of Women from Domestic Violence Act, 2005
Hindu Marriage Act, 1955
Alimony: More commonly used in the context of post-divorce lump sum or periodic payments. Though not defined separately in Indian statutes, courts and practitioners use the term to refer to long-term or permanent financial support after divorce.
Types of Alimony/Maintenance:
Interim Maintenance – During the pendency of proceedings (Section 24 HMA, Section 144 BNSS).
Permanent Alimony – Granted upon final disposal of the case (Section 25 HMA).
Monthly Allowance – Typically ordered under Section 144 BNSS.
One-Time Settlement – Often in mutual consent divorce or mediated outcomes.
Legal Framework Governing Alimony in India
1. Hindu Marriage Act, 1955
Section 24: Maintenance pendente lite (during litigation) and expenses of proceedings.
Section 25: Permanent alimony and maintenance post-divorce.
Applicable only to Hindus, Buddhists, Sikhs, and Jains.
2. Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,
Section 144: Provides maintenance to wife (legally wedded or even divorced), children, and parents who are unable to maintain themselves.
A summary procedure aimed at preventing destitution, regardless of religion.
3. Hindu Adoption and Maintenance Act, 1956
Section 18: Right of a Hindu wife to claim maintenance from husband while living separately under justifiable grounds.
Section 19: Maintenance of widowed daughter-in-law.
Primarily relevant where divorce is not initiated.
4. Protection of Women from Domestic Violence Act, 2005
Section 20: Monetary relief which may include maintenance, loss of earnings, medical expenses, etc.
Includes live-in relationships and offers broader financial remedies to women.
5. Special Marriage Act, 1954
Section 36 & 37: Maintenance during and after proceedings, similar to HMA but for inter-faith or civil marriages.
How Do Courts Calculate Alimony in India?
There is no fixed formula in Indian law to calculate alimony or maintenance. Courts exercise discretion based on a host of factors. However, over time, judicial pronouncements have laid down guiding principles that influence the determination of alimony amounts.
Key Factors Considered by Courts:
Earning capacity of both spouses
Whether the spouse seeking maintenance is employed or capable of earning.
If the husband claims financial incapacity, he must prove it with documents.
Standard of living during the marriage
Courts try to ensure that the dependent spouse can maintain a lifestyle similar to what they had while living together.
Reason for separation or divorce
While fault may not always influence the amount, cruelty or adultery may sway the court in contested divorces.
Duration of the marriage
Longer marriages usually result in higher or longer-term alimony awards.
Children and dependents
If the wife has custody of children, her financial needs increase, which affects maintenance calculations.
Health and age of the spouse
An older or ill spouse may require higher alimony due to inability to earn.
Assets and liabilities
The court assesses owned property, bank balances, loans, and liabilities.
Living expenses and inflation
Courts consider reasonable monthly living costs of the claimant, including rent, education, food, and transport.
Real Case Laws: How Courts Decided the Amount
This landmark judgment by the Supreme Court laid down a comprehensive checklist for courts to follow while deciding maintenance applications, including income affidavit formats, disclosure of assets, and timelines.
Key takeaway:
"Maintenance is not a charity but a right. The object is to prevent destitution and vagrancy." — Supreme Court
The Supreme Court clarified that even if the wife is qualified, unless she is actually earning, she is entitled to maintenance. Mere potential to earn does not disqualify her.
Maintenance should be sufficient to allow the wife to live with dignity and in similar comfort as before separation.
Alimony in Mutual Consent Divorce
In mutual consent divorce under Section 13-B of the Hindu Marriage Act or Section 28 of the Special Marriage Act, the terms of alimony are negotiated and agreed upon by the parties and recorded in the petition.
It can be lump sum or monthly, based on mutual understanding.
The court usually enforces such terms strictly and may direct withdrawal of pending criminal/civil proceedings.
If either party violates the settlement, the other may file for execution or contempt.
Precaution:
Always record alimony terms in writing and submit them to court. Private oral settlements are legally unenforceable.
Alimony for Men: Do Husbands Ever Get Maintenance?
While rare, Indian law does not bar men from seeking alimony. Under Section 24 and 25 of the Hindu Marriage Act, either spouse can apply for maintenance or permanent alimony. Courts have awarded maintenance to husbands in cases where the wife is earning significantly more.
Notable Cases:
Bombay High Court ruled that if the wife is earning and the husband is unable to maintain himself, he is entitled to maintenance under Section 24 HMA.
Held that equal opportunity exists for both genders to claim maintenance under the Hindu Marriage Act.
However, in practice, most alimony awards still go to women, as courts usually assume the husband is the primary breadwinner.
Alimony in NRI Marriages: Jurisdiction and Enforcement Challenges
With a growing number of cross-border Indian marriages, alimony in NRI divorces has become a complicated legal zone. Several Indian women are left without financial support because of jurisdictional issues, while many NRI men face difficulty when maintenance orders are passed in absentia.
Key Legal Points in NRI Alimony Cases:
Jurisdiction
If the marriage was solemnised in India or if the wife resides in India, Indian courts retain jurisdiction even if the husband resides abroad.
Under Section 19 of the Hindu Marriage Act, a petition can be filed where the wife resides.
Validity of Foreign Divorce Decrees
Indian courts do not recognise ex parte divorce decrees granted abroad unless both parties participated and the grounds align with Indian law.
If alimony was settled in a foreign court without the wife’s presence or consent, she can still claim maintenance in India.
Enforcement of Indian Maintenance Orders Abroad
Maintenance orders passed by Indian courts may not be enforceable abroad unless there is a reciprocal arrangement between countries.
The woman can, however, move local courts in countries like the US, UK, or Canada to register Indian orders if permissible under their domestic laws.
Can Alimony Be Avoided or Reduced? Strategies and Legal Defenses
Many men approach divorce with the fear of lifetime maintenance. However, the law provides legitimate ways to seek reduction, modification, or even dismissal of alimony demands under appropriate circumstances.
1. Proving Wife’s Independent Income
If the wife is financially independent and capable of maintaining herself, she may not be entitled to maintenance.
Case Law:
Kanchan v. Kamalendra AIR 1992 Bom 493: Maintenance was denied because the wife had a steady income.
2. Live-in Relationship or Remarriage of Wife
Under Section 144 BNSS, a wife who remarries or is living in adultery loses her right to maintenance.
3. False Allegations and Cruelty by Wife
Courts have denied alimony where the wife filed false criminal complaints or deserted the husband without just cause.
Case Law:
Savitaben Somabhai Bhatiya v. State of Gujarat - The court denied maintenance as the woman failed to prove she was the legally wedded wife and had leveled false allegations.
4. Change in Financial Circumstances
A party can seek modification of maintenance order if there is a change in income or liabilities.
Taxability of Alimony and Maintenance
Understanding tax implications is essential for both payers and recipients.
1. Monthly Maintenance
Monthly maintenance (paid periodically) is tax-free in the hands of the recipient.
The payer cannot claim any deduction under Income Tax.
2. Lump Sum Alimony
Lump sum alimony paid as one-time settlement is not treated as income under the Income Tax Act.
Hence, it is tax-exempt for the recipient and non-deductible for the payer.
FAQs: Commonly Asked Questions About Alimony in India
Q1: Is alimony compulsory in every divorce case?
A: No. Alimony is not mandatory in every divorce. It is granted based on need, financial disparity, and circumstances. If both spouses are earning similarly, or if the claimant is self-sufficient, courts may not award alimony.
Q2: How long does alimony have to be paid?
A: Monthly alimony is typically paid until:
The recipient remarries.
The recipient secures sufficient employment.
The paying party’s financial situation changes drastically.
In some cases, for life, unless modified by the court.
For lump sum alimony, the matter ends after payment.
Q3: Can a wife claim alimony after mutual consent divorce?
A: Yes, but the amount and terms must be agreed upon in the mutual consent petition. If she waives it in writing during the mutual divorce, she cannot reopen the matter later unless she proves coercion or fraud.
Q4: Can a working woman get alimony?
A: Possibly. Courts examine if her income is sufficient to maintain the marital standard of living. If not, partial alimony may be granted.
Q5: Is there any time limit to claim alimony?
A: No statutory limit exists. A spouse may claim it even after the divorce decree, but timely filing strengthens the claim.
Strategic Legal Tips for You
For Wives:
Always file a detailed affidavit of income, expenses, and assets as directed by the Supreme Court in Rajnesh v. Neha.
Don’t shy away from claiming interim maintenance, especially if you are unemployed or supporting children.
If the husband is hiding income, file an application for disclosure or seek court's help in estimating earnings.
For Husbands:
Document all sources of your income and liabilities transparently to avoid exaggerated alimony claims.
Collect evidence of the wife's income, qualifications, or inheritance, if any.
If a one-time settlement is possible, choose that over long-term monthly maintenance to reduce prolonged litigation.
Conclusion: Alimony Is About Fairness, Not Punishment
Alimony laws in India are not designed to punish one party or reward another they are aimed at preserving dignity and financial balance post-marriage. Whether you’re a wife seeking rightful support or a husband protecting yourself from unjust claims, legal awareness is your strongest asset.
If you're navigating a divorce and facing concerns about alimony, consult an experienced family lawyer. Every case is unique, and a tailored legal strategy can save you years of stress, conflict, and financial burden.
More Informative blog post:
Σχόλια