Alimony in India is financial support a court orders one spouse to pay the other, either during the case (interim maintenance) or on divorce (permanent alimony, monthly or lump sum). It is not automatic or fixed by formula: courts weigh both spouses' income, needs, status and conduct, using the asset-disclosure affidavits required by Rajnesh v. Neha (2020).
Key takeaways
- Maintenance is support during marriage or the case; alimony usually means support on divorce.
- It is need-based and discretionary, not mandatory in every divorce.
- Both spouses must file sworn disclosure of assets and income after Rajnesh v. Neha.
- About 25% of net income is sometimes used as a benchmark, never as a fixed rule.
- Proving the payer's real income is often the decisive part of the case.
What is alimony and maintenance in simple terms?
Maintenance is money paid to support a spouse (and children) who cannot maintain themselves, either while the marriage continues or while a case is pending. Alimony is the word commonly used for support ordered on or after a divorce decree, called 'permanent alimony and maintenance' in the Hindu Marriage Act. It can be paid monthly or as a one-time lump sum, often as part of a settlement.
Is alimony mandatory in India? No. A court grants it where one spouse needs support and the other can pay. A self-sufficient spouse may get nothing, and spouses can settle the amount themselves in a mutual consent divorce. If your question is specifically how an affair changes the picture, see how adultery affects alimony; this guide covers the claim itself.
Which laws give a right to maintenance in India?
| Law | Relief | Who can claim | Where |
|---|---|---|---|
| BNSS, 2023 s.144 (earlier CrPC s.125) | Monthly maintenance and interim maintenance | Wife (including a divorced wife not remarried), children, parents | Family court or magistrate |
| Hindu Marriage Act, 1955 s.24 | Interim maintenance and litigation expenses during the case | Husband or wife | Court hearing the matrimonial case |
| Hindu Marriage Act, 1955 s.25 | Permanent alimony, monthly or lump sum | Husband or wife | Same court, at or after decree |
| Hindu Adoptions and Maintenance Act, 1956 s.18 | Maintenance while the marriage subsists | Hindu wife | Civil or family court |
| Special Marriage Act, 1954 s.36-37 | Interim and permanent alimony | Wife | Matrimonial court |
| Domestic Violence Act, 2005 s.20 | Monetary relief | Aggrieved woman | Magistrate |
Muslim, Christian and Parsi spouses have their own statutes too. In Mohd. Abdul Samad v. State of Telangana (2024) the Supreme Court held that a divorced Muslim woman can also claim under the secular CrPC s.125 remedy. Claims can run in parallel, but courts adjust one award against another so the same need is not paid twice.
How do you get alimony or maintenance from a husband?
- Get legal advice on the forum. BNSS s.144 is quick and summary; HMA s.24/25 sits inside the divorce case; the DV Act adds protection orders.
- File the application with details of your needs, the children's expenses and the other spouse's income as you know it.
- File your affidavit of disclosure. Rajnesh v. Neha (2020) requires both sides to file a sworn affidavit of assets, liabilities, income and expenses in all maintenance proceedings.
- Press for interim maintenance. BNSS s.144 says interim maintenance should, as far as possible, be decided within 60 days of notice.
- Lead evidence on the disputed figures, with documents and, where needed, witnesses.
- Final order. Under Rajnesh, maintenance normally runs from the date of the application.
- Enforce if unpaid, as explained below.
If you cannot afford a lawyer, see our guide to divorce costs and free legal aid.
How is alimony calculated in India?
There is no statutory formula. In Rajnesh v. Neha the Supreme Court listed the factors: the status of the parties, reasonable needs of the wife and children, the claimant's qualifications and employment, any independent income or property, the standard of living in the matrimonial home, sacrifices of career for the family, reasonable litigation costs, and the payer's financial capacity, liabilities and other dependants.
Two further principles are often decisive:
- The 25% benchmark. In Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017) the Supreme Court observed that around 25% of the husband's net salary may be a just amount. Courts treat this as a reference point, not a rule, and awards vary up or down with children and other facts.
- Earning capacity, not just declared income. In Anju Garg v. Deepak Kumar Garg (2022) the Supreme Court said an able-bodied husband must earn to support his wife and children; claiming no income does not end the duty. Equally, a qualified wife who chooses not to work is not automatically disqualified, but her capacity is considered.
Permanent alimony as a lump sum is usually negotiated, taking into account the length of the marriage, ages, property, and future needs such as children's education.
Why does proving the other spouse's real income matter?
Because the award is built on income, the commonest fight is over what the payer really earns. Salaries are understated, bonuses ignored, cash businesses shown as loss-making, property moved to relatives, or a job resigned just before the case. Courts can draw an adverse inference from false or incomplete disclosure affidavits, but they need material to do so.
| Claim made | Lawful ways to test it |
|---|---|
| 'My salary is low' | Ask the court to direct production of salary slips, Form 16 and income tax returns, or summon the employer |
| 'My business is in loss' | GST registration and company filings on public portals, bank statements summoned through court |
| 'I own nothing' | Property records, vehicle registrations, company directorships on the MCA portal |
| 'I am unemployed' | Evidence of continuing work, consultancy or a new job; lifestyle such as cars, travel, rent |
A lawful detective can help gather lifestyle and business evidence from public records and observation, as described in asset tracing in India and verifying a company. Bank statements, tax returns and call records cannot be obtained privately; ask the court to summon them. Anyone offering to fetch them for you is breaking the law.
Can a husband or a divorced wife claim maintenance?
A husband can claim interim maintenance and permanent alimony under HMA s.24 and s.25 if he has no sufficient independent income, for example because of illness or disability. He cannot claim from his wife under BNSS s.144, which protects wives, children and parents.
A divorced wife can claim. The definition of 'wife' in BNSS s.144 includes a woman who has been divorced and has not remarried, and HMA s.25 allows alimony at the time of decree or any time afterwards. Her claim can end or be varied if she remarries, and under BNSS a wife living in adultery, refusing without sufficient reason to live with her husband, or living separately by mutual consent is not entitled.
Is alimony taxable, and what if it is not paid?
Tax: the Income Tax Act has no specific provision on alimony, so treatment comes from court and tribunal rulings. Broadly, a one-time lump sum has been treated as a capital receipt and not taxed in the recipient's hands, while regular monthly maintenance is generally treated as the recipient's income. The payer usually gets no deduction. Transfers of property and income from such property raise their own questions. Take advice from a chartered accountant before structuring a settlement.
Non-payment: do not wait. Under BNSS s.144(3) the magistrate can issue a warrant to recover arrears and sentence a defaulter to imprisonment of up to one month for each month unpaid, but the application should be made within a year of the amount falling due. Orders can be enforced wherever the payer lives (BNSS s.147). Rajnesh added that orders can also be enforced like civil decrees. Either side can seek alteration when circumstances change (BNSS s.146; HMA s.25(2)).
Bottom line
Alimony in India is need-based support, decided case by case. Choose the right law, file an honest disclosure affidavit, push for interim maintenance early, and concentrate your evidence on the other spouse's real income and capacity. If a divorce is also being fought, read what evidence a divorce needs, and if you need lawful help proving hidden income, find a verified detective who works with your lawyer.
Sources & official links
This guide is general information, not legal advice. Laws and procedures change, and every case is different — speak to a lawyer about your situation. In an emergency, call 112.