Divorce or separation is not only an emotional challenge but also a financial one. In India, alimony and maintenance laws ensure that a spouse who is financially weaker is not left helpless after the dissolution of marriage. These laws promote fairness and financial stability, especially for women who have sacrificed their careers for family responsibilities.
Let’s explore how alimony works in India, its legal basis, and how courts decide the amount and duration.
Legal Framework Governing Alimony in India
Different religions and personal laws govern alimony provisions in India:
- Hindu Marriage Act, 1955 (Section 24 & 25) – for Hindus, Buddhists, Jains, and Sikhs.
- Special Marriage Act, 1954 (Section 36 & 37) – for inter-religious or civil marriages.
- Indian Divorce Act, 1869 (Section 36 & 37) – for Christians.
- Muslim Women (Protection of Rights on Divorce) Act, 1986 – for Muslim women.
- Code of Criminal Procedure (CrPC) Section 125 – provides universal right to maintenance, irrespective of religion.
Difference Between Alimony and Maintenance
Alimony
It refers to the financial support paid after divorce to one spouse, usually as a lump sum or periodic payments.
Maintenance
This is the regular financial support provided during or after separation to cover basic living expenses like food, rent, and clothing.
In short:
- Alimony is typically post-divorce support.
- Maintenance may be interim (during court proceedings) or permanent (after divorce).
Types of Alimony in India
1. Permanent Alimony
A lifelong financial support granted after the final decree of divorce.
2. Temporary (Interim) Maintenance
A short-term payment during ongoing proceedings to meet immediate financial needs.
3. Lump Sum vs. Monthly Payment
The court may order a one-time lump-sum payment or monthly installments, depending on the case.
Eligibility Criteria for Alimony
Courts consider several factors before granting alimony:
- Income and financial status of both parties
- Duration of marriage – longer marriages often result in higher alimony
- Age and health of the spouses
- Conduct and reason for divorce
- Custody of children and financial needs
If the spouse seeking alimony is capable of earning but chooses not to work, the court may reduce or deny maintenance.
How the Court Determines the Amount of Alimony
There is no fixed formula, but courts generally consider:
- Earning capacity and assets of both spouses
- Social and financial status
- Reasonable needs of the dependent spouse
- Children’s educational and medical expenses
- Standard of living during marriage
Example:
If the husband earns ₹1,00,000/month, the court may order 25–35% as monthly maintenance, depending on dependents and liabilities.
Alimony and Maintenance Under Different Laws
1. Hindu Marriage Act, 1955
Either spouse can claim maintenance under Section 24 (interim) or Section 25 (permanent).
2. Muslim Law
A Muslim husband must provide “Mehr” (dower) and maintenance during the iddat period (usually three months after divorce).
After that, the woman may claim under CrPC Section 125 if not remarried.
3. Christian and Parsi Laws
The Indian Divorce Act, 1869 and Parsi Marriage and Divorce Act, 1936 allow courts to order alimony during and after proceedings.
4. Special Marriage Act, 1954
Applicable to interfaith marriages; allows both spouses to seek maintenance during and after proceedings.
Alimony Rights of Working Wives
A common myth is that working wives are not entitled to alimony.
Courts clarify that if her income is insufficient to maintain a similar lifestyle, she can still claim partial maintenance.
The goal is financial balance, not punishment or charity.
Maintenance for Husbands
Indian law also allows husbands to claim maintenance if they are financially dependent or disabled.
Example: In Kanchan v. Kamalendra (1992), the court ruled that if the wife earns substantially more, the husband can seek support.
This reflects the gender-neutral nature of modern Indian family law.
Child Maintenance and Custody
The welfare of the child is always the paramount consideration.
Courts ensure both parents contribute fairly to the child’s upbringing, covering:
- Education expenses
- Healthcare and daily needs
- Custody and visitation rights
Usually, the parent with custody receives maintenance from the other.
Tax Implications of Alimony
- Lump-sum alimony: Not taxable in the hands of the receiver.
- Monthly alimony: Considered as “income from other sources” and taxable.
- The payer cannot claim it as a tax deduction.
Hence, it’s advisable to structure settlements wisely under legal and tax guidance.
How to File for Alimony or Maintenance
Step-by-Step Process
- Consult a family lawyer.
- File a petition under the relevant section (Hindu Marriage Act or CrPC 125).
- Submit income and expense affidavits.
- Attend court hearings.
- The judge decides the amount and duration.
Where to File
File in the family court where the couple last resided or where the respondent currently lives.
Enforcement of Alimony Orders
If the payer defaults:
- The court can attach property or salary.
- Issue a warrant or contempt order.
- In serious cases, imprisonment for non-compliance may follow.
Courts take non-payment seriously to protect dependents’ rights.
Conclusion
Alimony and maintenance laws in India aim to ensure financial fairness and dignity after separation. They’re not meant to punish but to balance financial inequality.
Whether you’re a husband or wife, the key is transparency, proof of income, and legal guidance. Always seek advice from a qualified family lawyer before proceeding.
FAQs
1. Is alimony mandatory in every divorce case?
No, it depends on financial need and circumstances. The court decides based on fairness.
2. Can alimony be changed later?
Yes, courts can modify the amount if there’s a significant change in income or circumstances.
3. Can a husband get alimony from his wife?
Yes, if the husband is financially dependent and the wife earns more.
4. What happens if the payer refuses to pay alimony?
The court can enforce payment through property seizure, salary deduction, or imprisonment.
5. How long does alimony last?
It may continue for life, until remarriage, or for a fixed period as per court order.