Introduction 

Alimony, often used interchangeably with “maintenance”, is the legal obligation of one spouse to provide financial support to the other after separation or divorce. The concept stems from the principle that marriage creates a financial partnership, and its dissolution should not leave either partner financially stranded.

Legal framework 

1. Section 125 of the Code of Criminal Procedure (CrPC), 1973 – This is a Uniform Civil Code. It allows a wife (including a divorced wife), children and parents who are unable to maintain themselves to claim maintenance. Proceedings under Section 125 are speedy in nature and carry penal consequences for wilful refusal to pay. 
2. Personal laws and family statutes – For matrimonial proceedings (divorce, judicial separation), the following provisions are commonly used:

• Hindu Marriage Act, 1955 – Section 24 (interim maintenance during proceedings) and Section 25 (permanent alimony and maintenance on grant of divorce) permit courts to order maintenance taking into account the parties’ circumstances.
• Special Marriage Act, 1954, Indian Divorce Act (Christians), Muslim personal law principles (mehr/iddat and maintenance rules), and Parsi law contain parallel measures for spouses governed by those laws. The exact entitlement and duration can vary depending on the religion and statute. 

1. Family Courts Act, case law and guidelines – Family Courts, High Courts and the Supreme Court have developed detailed principles for assessing permanent alimony, e.g., balancing the dependent spouse’s needs with the payor’s resources and ability to pay. Recent Supreme Court decisions have continued to shape how courts quantify and structure awards. 
2. Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 144: Provides maintenance to wife (legally wedded or even divorced), children, and parents who are unable to maintain themselves.
3. Protection of Women from Domestic Violence Act, 2005, Section 20: Monetary relief which may include maintenance, loss of earnings, medical expenses, etc. Includes live-in relationships and offers broader financial remedies to women.

How courts decide the amount of alimony 

The amount is calculated based on a number of factors. There is no set formula, and the judge decides it on a case-by-case basis.

Some of the factors taken into consideration are –

• Income of the spouses.
• Their standard of living, before separation or divorce. 
• If they have any children, then their needs, education, etc., child support is provided. 
• The needs of the spouse asking for alimony.

Types of alimony/maintenance

• Interim Alimony and Maintenance- Interim maintenance is a provision wherein a husband is obligated to meet the maintenance costs of the wife in the course of the court proceedings. In addition to it, the husband is also required to compensate the cost of court proceedings incurred by the wife.

• Permanent Alimony and Maintenance – This provision takes effect upon the dissolution of marriage or judicial separation, whereby the husband would be required to remit any amount fixed by the court. The time frame of payment can either be made periodically or on a lump-sum basis. In most cases, the court would require the respondent to make a periodical payment. Lump-sum payments are awarded in cases of mutual party divorces or when the plaintiff explicitly makes a plea for it. These payments would cease upon the death of either of the spouses or on a date determined by the judge. 

Recent judicial pronouncements 

Indian courts have, in recent years, clarified that:

• • Final alimony can be structured (transfer of property + lump sum + monthly payments) to secure the dependent spouse’s future, not only leave them to ongoing periodic receipts.
  • Courts will consider the social standing and public responsibilities of the payor in exceptional cases when deciding the amount.

• Some recent Supreme Court directions have fixed significant awards, illustrating that the top courts will adjust awards where a lower court’s amount is not adequate. 

What can disqualify a spouse from maintenance?

A wife may be denied maintenance under Section 125, CrPC if:

• • she is living in adultery; or
  • without reasonable cause refuses to live with her husband; or

• They are living separately by mutual consent (subject to statutory interpretation and facts).

Alimony in Mutual Consent Divorce

In a mutual consent divorce under Section 13-B of the Hindu Marriage Act or Section 28 of the Special Marriage Act, the terms of alimony are negotiated and agreed upon by the parties and recorded in the petition. It can be a lump sum or a monthly payment, based on mutual understanding. The court usually enforces such terms strictly and may direct withdrawal of pending criminal/civil proceedings. If either party breaches the settlement, the other may file for enforcement or contempt proceedings.

Alimony for Men: Do Husbands Ever Get Maintenance?

It is a rarity in India. But under Sections 24 and 25 of the Hindu Marriage Act, either spouse can apply for maintenance or permanent alimony. Courts have awarded maintenance to husbands in cases where the wife is earning significantly more. A husband can claim it if he is financially dependent, lacks sufficient income, or has disabilities, while the wife is earning, though it requires proving a genuine inability to earn. 

Conclusion 

The provisions for alimony are laid down to protect the financially weaker spouse and are granted upon due assessment and satisfactory evidentiary proof that the spouse being granted such maintenance is incapacitated to maintain, which in most cases is a woman. Although it is a reality in many households that women are financially dependent on their husbands to meet their basic needs, unless that disparity is addressed on a greater level, it becomes unfair to blame women for taking alimony.