Alimony also called maintenance is the legal obligation of one spouse to provide financial support to the other during or after separation or divorce. In India, the right to claim alimony is not governed by a single statute; it depends on the couple’s religion, the specific proceeding they are in, and, since July 2024, a renumbered secular provision under the new criminal procedure code. Understanding which law applies and what factors a court weighs is essential whether you are seeking maintenance or responding to a claim.
Understanding Alimony in India
Alimony is meant to ensure that a spouse who is financially weaker, or who sacrificed career or earning capacity during the marriage, is not left destitute after separation or divorce. Indian law does not tie this right exclusively to gender either spouse may claim maintenance if the facts support it, though in practice claims by wives remain far more common given persistent income and career gaps between spouses.
Alimony can arise in more than one type of proceeding: as interim relief while a case is still pending, as permanent alimony after a final divorce decree, or as a wholly separate maintenance claim filed independently of any divorce case at all
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The applicable law depends on religion and the nature of the proceeding:
- Hindu Marriage Act, 1955 Applicable to Hindus, Sikhs, Jains, and Buddhists.
- Section 24 allows either spouse to claim interim maintenance and litigation expenses while a matrimonial case is pending.
- Section 25 allows either spouse to claim permanent alimony, payable as a lump sum or periodically, after the divorce decree; this can later be varied if circumstances materially change, and it ceases on the recipient’s remarriage.
- Special Marriage Act, 1954 Contains parallel maintenance provisions (Sections 36 and 37) for couples married under this secular law, applicable regardless of religion.
- Hindu Adoptions and Maintenance Act, 1956 A Hindu wife can claim maintenance from her husband independently of any divorce proceeding, including while continuing to live separately for a valid reason such as cruelty or desertion.
- Muslim Personal Law Governed primarily by the Muslim Women (Protection of Rights on Divorce) Act, 1986, under which a divorced Muslim woman is entitled to reasonable and fair provision from her former husband, generally to be made within the iddat period, though courts have interpreted this to allow for a more substantial one-time settlement in appropriate cases.
- Indian Divorce Act, 1869 Governs maintenance for Christians.
- Section 144, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 This is the secular, religion-neutral provision that replaced Section 125 of the erstwhile Code of Criminal Procedure (CrPC) with effect from 1 July 2024. It allows a wife (including a divorced wife who has not remarried), children, or parents who cannot maintain themselves to claim a monthly allowance from a person who has the means but neglects or refuses to provide support. Since it sits in the criminal procedure code, it applies to people of every religion. A claim under Section 144 BNSS can be filed independently of, or alongside, a claim under personal law, though courts are required to set off overlapping awards so that a claimant does not recover the same period’s maintenance twice over.
Because these remedies can overlap, a spouse is often entitled to pursue more than one simultaneously; for example, an interim maintenance application under Section 144 BNSS before a magistrate, together with a Section 24 application under the Hindu Marriage Act before the Family Court, subject to the courts adjusting the final amounts to avoid double recovery.
Types of Alimony
- Interim Maintenance: Temporary support ordered while a case (divorce or maintenance) is still pending, meant to cover the claimant’s expenses and litigation costs during the proceeding.
- Permanent Alimony Longer-term support ordered after a final divorce decree, under provisions such as Section 25 of the Hindu Marriage Act. It can be a one-time lump sum or periodic (monthly/annual) payments, and can later be modified if circumstances change substantially.
- Lump Sum Alimony A one-time payment intended to fully and finally settle the paying spouse’s maintenance obligation.
- Separation Alimony Support paid during a period of separation, before any final divorce decree is passed.
Factors Courts Consider When Deciding Alimony
There is no fixed mathematical formula for alimony in India; courts exercise discretion based on the facts of each case, generally weighing:
- Financial standing: the income, assets, and liabilities of both spouses.
- Earning potential: each spouse’s qualifications and realistic capacity to earn going forward, not just their current income.
- Standard of living maintained during the marriage.
- Contributions to the marriage, including financial support, unpaid household work, and career sacrifices made for the family.
- Dependents’ responsibilities toward children or elderly family members.
- Health conditions — physical or mental health issues that affect either spouse’s financial independence.
- Duration of the marriage.
In Rajnesh v. Neha, (2021) 2 SCC 324, the Supreme Court laid down binding guidelines for maintenance proceedings across all applicable laws requiring both parties to file a standardized affidavit disclosing their assets and income, directing that maintenance ordinarily run from the date of the application (not the date of the final order), and requiring courts to account for and set off overlapping maintenance awards obtained under different statutes for the same period.
Frequently Asked Questions
Yes. Section 144 BNSS and Section 25 of the Hindu Marriage Act are both worded to allow either spouse to claim maintenance. In practice, courts grant it to husbands less often, since claims require the claimant to show genuine financial dependency and inability to maintain themselves, but there is no bar in law.
Under Section 144 BNSS, an application for interim maintenance is required, as far as possible, to be disposed of within 60 days from the date of service of notice on the other spouse a specific timeline that did not exist in the erstwhile Section 125 CrPC.
Under Section 144 BNSS, an application for interim maintenance is required, as far as possible, to be disposed of within 60 days from the date of service of notice on the other spouse a specific timeline that did not exist in the erstwhile Section 125 CrPC.
Yes, generally. Under Section 25 of the Hindu Marriage Act, permanent alimony ceases on the remarriage of the recipient spouse. Maintenance orders under Section 144 BNSS can similarly be varied or cancelled if the recipient remarries or if other circumstances materially change.
Yes. A maintenance claim under Section 144 BNSS, or under the Hindu Adoptions and Maintenance Act for Hindu wives, can be filed independently of any divorce proceeding for instance, while a couple is separated but not divorced.
