How is alimony and maintenance decided in India?
Courts decide maintenance case by case — there is no fixed formula. They weigh both spouses' income and assets (via mandatory income affidavits per Rajnesh v. Neha), the marital standard of living, marriage duration, children's needs, and earning capacity. As a working benchmark, the Supreme Court has treated ~25% of the husband's net income as a reasonable ballpark for spousal maintenance. Maintenance can be interim (during the case) and permanent (on divorce) — as monthly payments, lump sum, or both.
“How much maintenance will I get?” (or pay) is the most asked question in family law. The honest answer: it depends — but it depends on known factors, which you can prepare for.
The overlapping laws (you can use more than one)
| Provision | Who can claim | What |
|---|---|---|
| Section 144 BNSS (former 125 CrPC) | Wife, children, parents unable to maintain themselves | Monthly maintenance; quick, secular, any religion |
| Section 24 & 25, Hindu Marriage Act | Either spouse (yes, husbands can claim) | Interim maintenance + litigation expenses; permanent alimony on divorce |
| DV Act | Woman in domestic relationship | Monetary relief + residence, without divorce |
| Hindu Adoption & Maintenance Act / personal laws | Wife, dependants | Maintenance within marriage |
Rajnesh v. Neha (SC, 2020) rationalised this: disclose earlier awards, set off overlapping amounts — no double-dipping across statutes.
What courts actually weigh
- Income & assets of both sides — via the mandatory income & asset affidavit both parties must file (Rajnesh v. Neha format): salary, business income, property, loans, lifestyle markers
- Standard of living during the marriage
- Duration of marriage; age and health of the spouses
- Child custody and expenses (school fees are commonly added on top)
- Earning capacity vs actual earning — a qualified spouse deliberately not working may get less; a wife who sacrificed a career for the family gets more
- Conduct matters at the margins, but maintenance is need-based, not a morality prize
How much, typically
- The Supreme Court has repeatedly treated ~25% of the husband’s net monthly income as a fair benchmark for the wife’s maintenance (not a rule — a starting point)
- Child maintenance is additional, commonly making the combined figure 30–40% for a wife + one child in practice
- Lump-sum permanent alimony instead of monthly payments is common in mutual-consent divorces — typical negotiated ranges vary enormously with wealth
Interim vs permanent
- Interim maintenance — payable from the date of application while the case runs; Rajnesh v. Neha requires affidavits and quick disposal
- Permanent alimony — fixed at decree: monthly, lump sum, or property transfer; modifiable on changed circumstances (job loss, remarriage of the recipient typically ends spousal maintenance)
When he simply doesn’t pay
- Execution petition: attachment of salary/bank accounts/property
- Under Section 144 BNSS, willful default can land the defaulter in civil imprisonment (up to a month per month of arrears)
- Arrears are recoverable; keep a ledger and act within limitation for each installment
This article is general information, not legal advice. For advice on your specific situation, consult a qualified professional.
Frequently asked questions
Is there a fixed formula like '25% of salary'?
No statute fixes a percentage. The 25%-of-net-income benchmark comes from Supreme Court practice (e.g., Kalyan Dey Chowdhury, 2017) as a reasonableness check for spousal maintenance — courts adjust up or down on the Rajnesh v. Neha factors, and child expenses are added separately.
Can a working wife get maintenance?
Yes — her income is a factor, not a bar. If her income cannot sustain the marital standard of living, courts award the difference. Conversely, a wife earning comparably to the husband may get little or none.
Can a husband claim maintenance from his wife?
Under Sections 24/25 of the Hindu Marriage Act, yes — either spouse can claim, and courts have awarded maintenance to husbands unable to earn. Under Section 144 BNSS, the claim runs from wife/children/parents against the person liable — the classic direction, though jurisprudence keeps evolving.
When does maintenance stop?
Spousal maintenance typically ends on the recipient's remarriage, and can be modified on changed circumstances (retirement, disability, big income changes). Child maintenance runs at least to majority — and courts routinely extend support for education.
He has hidden his real income — what can I do?
The Rajnesh v. Neha affidavit forces disclosure on oath — false affidavits invite perjury consequences. Your lawyer can summon salary records, ITRs, GST filings and bank statements, and courts infer income from lifestyle (cars, travel, schools) when documents are suppressed.
