Who Is Entitled to Alimony in India and How Is the Amount Decided?
Alimony, also commonly referred to as maintenance, is one of the most important and frequently contested issues in matrimonial disputes in India. It directly affects the financial stability and dignity of spouses after separation or divorce. The direct legal answer is that in India, either spouse—husband or wife—who is unable to maintain himself or herself can claim alimony, and the amount is decided by the court based on factors such as income, lifestyle, duration of marriage, needs of the claimant, and conduct of parties.
This detailed and comprehensive blog post explains who is entitled to alimony in India, the legal provisions governing alimony, types of alimony, factors considered by courts while deciding the amount, procedures for claiming alimony, relevant case law principles, and practical insights for litigants.
1. Meaning and Concept of Alimony in Indian Law
Alimony is a financial support provided by one spouse to the other during or after matrimonial proceedings. The objective of alimony is not to punish the paying spouse but to ensure that the financially weaker spouse is able to live with reasonable comfort and dignity similar to the standard of living enjoyed during the marriage.
Indian courts have consistently held that marriage creates a duty of financial support, and this duty does not end automatically upon separation or divorce, especially when one spouse is economically dependent.
2. Statutory Provisions Governing Alimony in India
Alimony and maintenance in India are governed by multiple statutes, depending on the religion of the parties and the nature of proceedings.
2.1 Hindu Marriage Act, 1955
- Section 24 – Interim maintenance and litigation expenses
- Section 25 – Permanent alimony and maintenance
These provisions apply to Hindus, Buddhists, Jains, and Sikhs.
2.2 Code of Criminal Procedure, 1973 (Section 125)
Section 125 CrPC is a secular provision applicable to all religions. It provides for maintenance to:
- Wife
- Children
- Parents
The purpose of this provision is to prevent destitution and vagrancy.
2.3 Special Marriage Act, 1954
- Section 36 – Interim maintenance
- Section 37 – Permanent alimony
Applicable to inter-faith and civil marriages.
2.4 Protection of Women from Domestic Violence Act, 2005
Maintenance can also be granted as a form of monetary relief under Section 20 of the Act.
3. Who Is Entitled to Alimony in India?
3.1 Wife’s Right to Alimony
Traditionally, wives have been the primary claimants of alimony in India. A wife is entitled to claim alimony if:
- She is legally married
- She is unable to maintain herself
- She does not have sufficient independent income
A divorced wife, judicially separated wife, or even a wife living separately for valid reasons can claim alimony.
However, a wife may be denied alimony if:
- She is earning sufficiently and capable of maintaining herself
- She has deserted the husband without reasonable cause
- She is living in adultery
3.2 Husband’s Right to Alimony
Indian law is gender-neutral under matrimonial statutes. A husband is also entitled to claim alimony if:
- He is unable to maintain himself
- He is dependent due to illness, disability, or lack of income
- His wife is financially stronger
Courts have increasingly recognised maintenance claims by husbands, though such cases are examined strictly to prevent misuse.
3.3 Alimony to Divorced Spouse
A divorced spouse can claim alimony under:
- Section 25 of the Hindu Marriage Act
- Section 125 CrPC (if conditions are satisfied)
The right to alimony does not automatically end with divorce unless waived by settlement or court order.
3.4 Alimony in Mutual Consent Divorce
In mutual consent divorce, alimony is not mandatory but is decided by agreement between the parties. It may be:
- One-time lump sum alimony
- Monthly maintenance
- Nil alimony (if both parties waive claims)
Once accepted by the court, the settlement becomes binding.
4. Types of Alimony in India
4.1 Interim Alimony
Interim alimony is granted during the pendency of matrimonial proceedings to enable the claimant to meet daily expenses and litigation costs.
It ensures that financial inequality does not prevent a spouse from effectively pursuing or defending a case.
4.2 Permanent Alimony
Permanent alimony is granted after the conclusion of matrimonial proceedings and may continue for:
- A fixed period
- Lifetime of the claimant
- Until remarriage (in certain cases)
It may be paid monthly or as a lump sum.
4.3 Lump Sum Alimony
Lump sum alimony is a one-time payment made to settle all future maintenance claims. It provides finality and avoids continuous litigation.
5. How Is the Amount of Alimony Decided by Courts?
There is no fixed formula for determining alimony in India. Courts exercise judicial discretion based on facts and circumstances of each case.
5.1 Income and Earning Capacity of Both Spouses
Courts examine:
- Salary slips
- Income tax returns
- Business income
- Assets and investments
- Potential earning capacity
Deliberate suppression of income is viewed seriously.
5.2 Reasonable Needs of the Claimant
The court considers:
- Food, clothing, and shelter
- Medical expenses
- Educational needs of children
- Transportation and daily expenses
The objective is reasonable sustenance, not luxury.
5.3 Standard of Living During Marriage
Alimony should allow the claimant to maintain a lifestyle reasonably similar to that enjoyed during the marriage.
5.4 Duration of Marriage
- Short-term marriages may result in lower alimony
- Long-term marriages usually justify higher maintenance
5.5 Age and Health of the Claimant
Elderly or medically unfit spouses are more likely to receive higher or long-term alimony.
5.6 Responsibilities Towards Children
Courts also factor in:
- Child custody
- Educational expenses
- Healthcare costs
Child maintenance is separate and independent of spousal alimony.
5.7 Conduct of Parties
While misconduct alone is not decisive, courts may consider:
- Desertion
- Cruelty
- Willful neglect
6. Approximate Alimony Calculation in Practice
Though no statutory percentage exists, courts often award:
- 25% to 33% of the paying spouse’s net monthly income as maintenance
This is only a guiding principle and not a binding rule.
7. Procedure to Claim Alimony
- Filing application under relevant provision
- Disclosure of income and assets by both parties
- Affidavits of expenditure
- Hearing and evidence
- Court order granting or rejecting alimony
False disclosure may attract penalties.
8. Modification and Cancellation of Alimony
Alimony can be:
- Increased or decreased if circumstances change
- Cancelled upon remarriage of the claimant
- Modified if income of either party changes significantly
9. Enforcement of Alimony Orders
If alimony is not paid:
- Execution proceedings can be filed
- Salary attachment may be ordered
- Property attachment is possible
- In Section 125 CrPC cases, imprisonment may be ordered
10. Common Myths About Alimony in India
- Alimony is only for women – Incorrect
- Working spouse cannot claim alimony – Incorrect
- Alimony is lifelong in all cases – Incorrect
- One-time settlement is mandatory – Incorrect
11. Practical Tips for Alimony Cases
- Maintain financial transparency
- Keep documentary proof of income and expenses
- Avoid exaggerated claims
- Consider mediation for settlement
12. Conclusion
Alimony in India is a legal mechanism designed to ensure fairness, dignity, and financial security after marital breakdown. Either spouse who is unable to maintain himself or herself is entitled to alimony, and the amount is decided by courts based on income, needs, standard of living, duration of marriage, and overall circumstances of the case.
There is no rigid formula, and each case is decided on its own merits. Whether claimed during proceedings or after divorce, alimony remains a crucial aspect of matrimonial law. Understanding the legal principles governing entitlement and calculation helps litigants approach courts with clarity, realistic expectations, and informed legal strategy.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
