There is no formula for alimony in India. Courts fix maintenance on the facts of each marriage, and since Rajnesh v Neha, (2021) 2 SCC 324, they do it on the basis of a sworn Affidavit of Disclosure of Assets and Liabilities that both spouses must file. If you take one thing from this guide, take that: the affidavit, not the argument, is what decides the number.
Part of the maintenance and alimony practice at S Jain & Attorneys, Bangalore.
This is a working guide to how alimony and maintenance are actually decided in Indian courts in 2026, which statute to file under, what the court will want to see, what the realistic ranges are, and the mistakes that cost people money on both sides. If your matter is live, our family and divorce law practice handles maintenance in the Bengaluru family courts.
Alimony and maintenance are not the same thing
The words get used interchangeably in conversation and they should not be. The distinction decides which provision you file under and whether the amount can be revised later.
Maintenance is ongoing support, usually monthly. It can be claimed while the marriage still subsists, during the case as interim maintenance, and after divorce. It is variable: either side can apply to increase or reduce it if circumstances change.
Alimony in Indian usage almost always means permanent alimony, the final settlement made at the time of divorce, often as a one-time lump sum. It is intended to be a clean break, and once accepted it is very hard to reopen.
Key takeaway. Monthly maintenance keeps the door open. A lump sum closes it. That single difference should drive the decision, not whichever number happens to look bigger on the day.
Which provision applies to you
The right section depends on your religion, whether you are seeking relief during the case or after divorce, and which forum you are already in.
| Provision | Who can claim | When | Key feature |
|---|---|---|---|
| S.24, Hindu Marriage Act, 1955 | Either spouse, gender neutral | While a matrimonial petition is pending | Interim maintenance plus litigation expenses |
| S.25, Hindu Marriage Act, 1955 | Either spouse, gender neutral | At or after the decree | Permanent alimony, can be a lump sum or periodic; can be varied or rescinded |
| S.144, Bharatiya Nagarik Suraksha Sanhita, 2023 | Wife, children, parents | Any time, no divorce needed | Replaced S.125 CrPC. Summary, secular, quickest route to an order |
| S.18, Hindu Adoptions and Maintenance Act, 1956 | Hindu wife | While the marriage subsists | Right to separate residence and maintenance on specified grounds |
| S.20, Protection of Women from Domestic Violence Act, 2005 | Aggrieved woman | In DV proceedings | Monetary relief, can run alongside other claims |
| Muslim Women (Protection of Rights on Divorce) Act, 1986 | Divorced Muslim woman | After divorce | Runs in addition to, not instead of, the secular route |
On that last row, note Mohd Abdul Samad v State of Telangana, 2024 INSC 506. The Supreme Court held that a divorced Muslim woman may claim maintenance under the general provision (then Section 125 CrPC, now Section 144 BNSS), and that the 1986 Act does not displace that right. The two remedies are cumulative, not alternatives.
The affidavit that decides the number
Before Rajnesh v Neha, maintenance was, in the Supreme Court's own assessment, decided on scanty material and a degree of guesswork: wives tended to overstate need and husbands tended to understate income. The Court's answer was procedural. It made an Affidavit of Disclosure of Assets and Liabilities mandatory in every maintenance proceeding across India, including matters already pending, whether before a Family Court, a District Court or a Magistrate.
What the affidavit captures: salary and allowances, business or professional income, rental income, agricultural income, investments and their yield, bank balances, immovable property, vehicles, gold and jewellery, loans and EMIs, dependants, and standard monthly expenditure. Supporting documents follow, typically salary slips, income tax returns for three years, Form 16, and bank statements.
The procedure has teeth. The respondent must file the reply along with the affidavit within about four weeks, and courts are directed not to grant more than two opportunities to do so. If a party does not comply, the court can strike out the defence and can draw an adverse inference about income.
Deadline warning. The Supreme Court had to re-circulate Rajnesh v Neha to judges and judicial academies in 2023 because the guidelines were not being followed consistently. Do not assume the court will raise the affidavit on its own. Ask for it, file yours properly, and press for the other side's.
Four elements make the disclosure requirement bite.
What the affidavit captures
Salary, business, rental and agricultural income, investments and their yield, bank balances, immovable property, vehicles, gold, loans, dependants and standard monthly expenditure.
Documents that go with it
Salary slips, income tax returns for three years, Form 16 and bank statements are the papers that ordinarily follow the affidavit.
Four weeks to reply
The respondent must file the reply along with the affidavit within about four weeks, and courts are directed not to grant more than two opportunities.
The price of not filing
Where a party does not comply, the court can strike out the defence and can draw an adverse inference about that party's income.
What courts actually weigh
There is no statutory formula, and the frequently quoted "25 per cent of net salary" is a rule of thumb from case law, not a rule of law. What the court is really doing is comparing two things: the standard of living the claimant enjoyed in the marriage, and the paying spouse's genuine capacity.
The factors that move the number, roughly in order of weight:
- Income and earning capacity of both spouses. Not just what is earned, but what could reasonably be earned. A qualified spouse who has stopped working without explanation will be assessed on capacity.
- Standard of living during the marriage. The benchmark is the marital lifestyle, not a subsistence figure.
- Duration of the marriage. A long marriage, especially one where the claimant left the workforce, pulls the figure up and makes permanent rather than time-limited support more likely.
- Child custody and care. The parent with day to day care carries costs the other does not. Child maintenance is separate from spousal maintenance and should be claimed separately.
- Age and health. Illness or disability that prevents employment changes both quantum and duration.
- Reasonable needs and liabilities of the payer. Genuine EMIs, dependent parents and existing maintenance obligations are accounted for. Recently created liabilities are treated with suspicion.
- Non-monetary contribution. Homemaking and child-rearing are recognised contributions to the marriage, not a discount on the claim.
Conduct matters less than most people expect. Adultery or desertion can affect a claim, particularly under Section 125 style provisions, but courts are reluctant to let maintenance become a punishment. Do not build the case on the other person's behaviour when the affidavit is where the case is actually won.
From which date is maintenance payable?
This is the most valuable single point in Rajnesh v Neha and the one most often missed. The Supreme Court held that maintenance should ordinarily be awarded from the date of the application, not from the date of the order.
Given that a contested maintenance application can take a year or more, that difference is often the largest sum in the case. Arrears can be directed to be paid in a lump sum or in instalments. Ask for it expressly in the application.
Enforcement, which is where most orders fail
An order is not money. Non-payment is common, and the remedies are:
- Execution before the same court that passed the order, including attachment of salary at source through the employer.
- Attachment and sale of property.
- Warrant of arrest and civil imprisonment for wilful default under the BNSS route.
- Where an order is flouted repeatedly, contempt in appropriate cases.
Practical point: ask the court to direct payment into a specified bank account by a fixed date each month, and to direct the employer to deduct at source where the payer is salaried. An order drafted that way is enforced by a bank statement rather than by a fresh round of litigation.
Lump sum or monthly? How to decide
| One-time lump sum | Monthly maintenance | |
|---|---|---|
| Certainty | Complete. Nothing to enforce later. | Depends on the payer continuing to pay. |
| Revision | Effectively final. | Either side can apply to vary on changed circumstances. |
| Risk to the recipient | Inflation, and the money running out. | Default, and years of execution proceedings. |
| Risk to the payer | Large single outflow, often needing a sale or a loan. | An open-ended obligation that can be increased. |
| Best suited to | Payers with assets but volatile income; recipients who want a clean break. | Salaried payers; recipients whose needs may rise, for example with children. |
On tax, the general position is that a one-time lump sum received as alimony is usually treated as a capital receipt and not taxed as income, while periodic maintenance is treated differently. The treatment is fact specific and worth confirming with a chartered accountant before you sign. We deal with it separately in our guide on whether alimony is taxable in India.
What I tell clients
Two things, and they apply whichever side of the case you are on.
First, the case is won or lost on documents, not on adjectives. The spouse who arrives with three years of returns, salary slips, bank statements and a properly completed affidavit is believed. The spouse who arrives with a story about the other one's undisclosed cash is not, unless they can point to something on paper. If you genuinely believe income is being concealed, the route is disclosure and adverse inference, not assertion.
Second, be careful what you optimise for. I have seen a spouse fight for eighteen months to increase a monthly figure by a few thousand rupees and spend more than the difference in fees and lost working days, while a reasonable settlement was available in month two. Maintenance litigation has a point at which winning costs more than settling. Know where that point is before you start.
Frequently Asked Questions
How is alimony calculated in India?
There is no statutory formula. Courts weigh the income and assets of both spouses, the standard of living during the marriage, its duration, the age and earning capacity of the claimant, and child-care responsibilities. The commonly quoted figure of about 25 per cent of the payer's net income is a judicial rule of thumb, not a legal rule, and courts depart from it in both directions.
Can a working wife claim maintenance?
Yes. Employment does not bar a claim. The question is whether her own income allows her to maintain a standard of living reasonably comparable to the marriage. A significant income gap can still support an award, though the amount will reflect what she earns.
Can a husband claim maintenance from his wife?
Under Sections 24 and 25 of the Hindu Marriage Act, yes, the provisions are gender neutral. The BNSS Section 144 route, like Section 125 CrPC before it, is available to a wife, children and parents, not to a husband.
From what date is maintenance payable?
Ordinarily from the date of the application, not the date of the order, following Rajnesh v Neha. Claim arrears expressly.
What happens if the other side does not file the affidavit of disclosure?
Courts are directed to allow no more than two opportunities. Beyond that the defence can be struck out and the court may draw an adverse inference on income.
Can maintenance be increased or reduced later?
Monthly maintenance can be varied on proof of a material change in circumstances, such as job loss, a substantial rise in income, remarriage or a change in the children's needs. A lump sum settlement accepted in full and final settlement is, for practical purposes, final.
Can I claim maintenance without filing for divorce?
Yes. Section 144 BNSS, Section 18 of the Hindu Adoptions and Maintenance Act and Section 20 of the Domestic Violence Act are all available while the marriage subsists.
Does a divorced Muslim woman have to rely only on the 1986 Act?
No. In Mohd Abdul Samad v State of Telangana (2024) the Supreme Court held that the secular maintenance provision remains available to her, and that the two remedies operate in addition to each other.
How long does a maintenance case take in Bengaluru?
Interim maintenance is often decided within a few months of the application if the affidavits are filed promptly. A contested final determination commonly runs one to two years. These are indicative ranges based on ordinary court workload, not commitments.
This article is general legal information, not advice on any specific marriage. Maintenance turns entirely on facts and documents, so speak to a qualified family-law advocate before filing or settling.
