Alimony in India: a simple, practical guide for 2025
Facing a breakup or divorce is hard. Money worries make it worse. This guide explains alimony in India in plain language, shows the laws that matter, and gives clear steps you can take. I merge the latest legal updates, court trends, and practical tips so you can act with confidence. Read it like a friend explaining things short sentences, real steps, and the key legal names you’ll need.
What is Alimony in India?
Alimony in India means money one spouse pays to the other after separation or during divorce. The goal is simple: prevent someone from becoming destitute and help them keep a reasonable life after a marriage ends. Courts treat it as fairness, not punishment.
- Interim maintenance (also called pendente lite): short-term support while the main case runs.
- Permanent alimony: the final long-term support decided by the court or agreed by both sides. It can be a monthly payment or a lump sum.
Who can claim alimony?
Both husbands and wives can ask for alimony. Courts look at who needs help and who can pay. Typically, wives claim more because social and financial gaps often leave them dependent, but the law is gender-neutral.
Which laws and rules matter?
The web of rules can feel confusing. Here are the main laws you will hear about:
- Hindu Marriage Act, 1955 Section 24 for interim maintenance and Section 25 for permanent alimony.
- Special Marriage Act, 1954 similar rules for inter-faith marriages.
- Divorce Act (Christians) sections for interim and permanent maintenance.
- Muslim Women (Protection of Rights on Divorce) Act, 1986 special rules for divorced Muslim women and interaction with broader maintenance laws.
- Protection of Women from Domestic Violence Act, 2005 Section 20 lets courts order monetary relief, including maintenance and compensation.
- Section 144 BNSS this replaced Section 125 CrPC in the new Bharatiya Nagarik Suraksha Sanhita (BNSS, 2023). It still gives a quick way to claim maintenance regardless of religion.
- Bharatiya Nyaya Sanhita (BNS) criminal law reforms that strengthen how courts handle cruelty and violence. Criminal findings under BNS can affect alimony cases.
In short: family law decides who gets alimony, while criminal law (BNS, BNSS changes) can shape the background when cruelty or violence is involved.
How courts decide the amount
There’s no fixed math for alimony in India. Judges look at the whole picture. Key factors they consider:
- Income and assets of both spouses, including property and business
- Standard of living during the marriage
- Reasonable needs: food, shelter, medical care, children’s school fees
- Earning capacity can the dependent spouse work or earn more?
- Age and health
- Length of the marriage
- Conduct of the spouses cruelty or desertion can matter
- Existing obligations like maintenance to other children or past marriages
Recent court trends (2024–2025) push for clearer, fairer awards. Some benches suggest looking at the payer’s disposable income and use a practical percentage range for long marriages to avoid random results. Courts also now favour direct bank transfers so payments are traceable.
Important judgment to know: Rajnesh v. Neha
The Supreme Court in Rajnesh v. Neha set useful rules for maintenance across laws. It asks both parties to file full financial disclosures, speeds up interim cases, and gives courts a structure to calculate amounts. This case makes proceedings fairer and more transparent.
Recent legal changes that matter
- BNSS (Bharatiya Nagarik Suraksha Sanhita) 2023 replaced Section 125 CrPC with Section 144 BNSS. The basic remedy for quick maintenance remains, but lawyers now file under BNSS language.
- BNS criminal law reforms speed up how courts handle cruelty and domestic offences. If a criminal court finds cruelty under BNS, family courts view those findings when deciding alimony.
- High Courts are recognising homemakers’ non-monetary contributions more, and digital payment directions are becoming common to enforce orders.
Step-by-step: How to seek or defend alimony
Follow these simple steps depending on your position.
1. If you want to claim maintenance
- Talk to a matrimonial lawyer early. A lawyer helps choose the right court and frame your claim.
- Collect documents: salary slips, bank statements, tax returns, property papers, bills, and proof of expenses.
- List your needs and daily expenses. Show how your life depended on the household income.
- File for interim maintenance if you need money now courts can give quick relief.
- Try mediation first. Many couples settle faster and with less stress.
2. If you must defend a claim
- Be honest and show full financial disclosure. Hiding income hurts your case.
- Show legitimate liabilities loans, other maintenance obligations, business expenses.
- If you suspect hidden assets, ask the court for forensic checks or to summon bank records.
- Offer fair alternatives: a structured lump-sum can solve ongoing enforcement problems.
Enforcement and what happens if someone doesn’t pay
- Courts can attach salary or property and send recovery notices.
- Persistent refusal can lead to contempt proceedings and even coercive measures under BNSS rules.
- For NRIs, courts try to attach assets in India or work with foreign courts where agreements exist.
Special situations: quick notes
- Working spouse: Employment doesn’t automatically stop maintenance. Courts look at income gap and lifestyle.
- Homemakers: Courts now give more weight to homemaker contributions, including child care and household work.
- Same-sex partners: When courts recognise the relationship, they apply similar maintenance rules by analogy.
- NRIs: Use local lawyers, freeze accounts if needed, and focus on Indian assets for enforcement.
- Victims of violence: File criminal complaints under BNS if needed and use the Domestic Violence Act for quick monetary relief.
How courts handle hidden assets
If someone hides income, the court can order full disclosure and punishment for non-compliance. Forensic accountants and bank summons help find undisclosed funds. Non-disclosure often makes the court draw negative conclusions and can increase the award.
Practical formula courts use (not fixed)
Courts do not have a single formula, but many judges look at net disposable income and the reasonable standard of living during marriage. Practitioners may suggest a practical percentage range of disposable income for long marriages the exact number depends on facts. Always consult your lawyer to fit a guideline to your case.
Frequently asked questions
1. Can a husband get alimony?
Ans: Yes. The law is gender-neutral. If the husband can’t support himself and the wife has means, the court may order maintenance.
2. Is there a fixed percentage?
Ans: No fixed percentage by law. Courts decide based on income, needs, and lifestyle.
3. Does remarriage stop alimony?
Ans: Usually yes for permanent alimony. If the recipient remarries, courts often stop payments, but facts vary.
4. Can orders change?
Ans: Yes. Courts can modify orders if financial situations change materially.
5. Are maintenance payments taxable?
Ans: Maintenance is treated as income in the receiver’s hands. Tax rules vary for lump sums. Check a tax advisor.
6. How long does interim maintenance last?
Ans: Until the court gives a final order or both parties settle.
What to do right now if you are involved
- Get legal advice early.
- Gather money papers and proofs of expenses.
- Ask for interim relief if you need urgent funds.
- Consider mediation to save time and stress.
- If you face domestic violence, file a criminal complaint and seek monetary relief under the Domestic Violence Act while you pursue maintenance.
Outlook: what to expect in the near future
Courts will keep refining how they calculate fairness. The mix of BNSS and BNS reforms will make criminal findings faster and clearer, which family courts will use when cruelty or violence appears. Digital payments and full financial disclosure will become standard, and mediation will grow as a common, sensible route to settle maintenance issues.
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