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Family law

Alimony

Also called: Permanent alimony, Maintenance pendente lite, Interim alimony, Section 25 HMA, Section 24 HMA

Added Last checked against India Code

Money a court orders one spouse to pay the other during or after a divorce case, as a lump sum or as monthly payments. For Hindus it is mainly Sections 24 and 25 of the Hindu Marriage Act, 1955.

During the case
Section 24 HMA
At or after decree
Section 25 HMA
Who can claim (HMA)
Wife or husband
Form
Lump sum or monthly
Formula
None fixed by law

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I want to file or claim

Collect proof of income and expenses on both sides, such as salary slips, bank statements, school fees and rent. Courts decide amounts on these.

My spouse has filed a case

Do not ignore the summons. You will usually have to file an affidavit of your income and assets, so start gathering them now.

What it means

Alimony is support paid by one spouse to the other in connection with a matrimonial case such as divorce or judicial separation. Indian law has two kinds. Maintenance pendente lite is paid while the case is going on, along with the expenses of the case. Permanent alimony is fixed when the court passes the decree, or at any time after it.

Under the Hindu Marriage Act, either the wife or the husband can ask for it. Section 24 lets the court order the other spouse to pay the expenses of the case and a monthly sum during it, if the applicant has no independent income sufficient for support. Section 25 lets the court order a gross sum, or a monthly or periodical sum, for a term not longer than the applicant's life, and it can be secured by a charge on the paying spouse's immovable property.

Couples married under the Special Marriage Act, 1954 have similar provisions in Sections 36 and 37, but those are written for a claim by the wife against the husband. The statute sets no formula or percentage. The Supreme Court said in Kiran Jyot Maini v. Anish Pramod Patel (2024) that there cannot be a fixed formula, and in Parvin Kumar Jain v. Anju Jain (2024) it listed factors such as the status of the parties, the reasonable needs of the wife and children, each side's qualifications, jobs and income, the standard of living in the marriage, career sacrifices made for the family and the paying spouse's income and liabilities.

The law

Current provisionReplaced
Section 25, Hindu Marriage Act, 1955Permanent alimony and maintenance Still in force; not renumbered
Section 24, Hindu Marriage Act, 1955Maintenance pendente lite and expenses of proceedings Still in force; not renumbered
Sections 36 and 37, Special Marriage Act, 1954Alimony pendente lite; permanent alimony and maintenance Still in force; not renumbered

When it matters

  • A divorce or judicial separation case has been filed and you have no income of your own to live on or to pay for the case.
  • A divorce decree is being passed, or has been passed, and the question of a one time settlement or monthly payment has to be decided.
  • Circumstances have changed after an alimony order, such as a loss of job or a remarriage, and one side wants the amount changed.
  • You are negotiating a mutual consent divorce and need to understand what a settlement amount is meant to cover.

Example

A wife in Pune files for divorce under the Hindu Marriage Act. She left her job after the children were born and has no income, so she applies under Section 24 for a monthly amount and her case expenses while the divorce is heard. Both sides file affidavits of their income and assets. When the decree is passed, the court fixes permanent alimony under Section 25 as a single lump sum.

Watch out for

  • Both sides must file an affidavit disclosing their assets and liabilities in maintenance proceedings. The Supreme Court made this a standard step in Rajnesh v. Neha (2020), and said maintenance is to be awarded from the date the application was filed.
  • Claims under different laws are not paid twice for the same need. Rajnesh v. Neha (2020) asks the court to adjust or set off an amount already awarded in another case, so tell the court about every earlier maintenance order.
  • The order is not always final. Under Section 25(2) and (3) of the Hindu Marriage Act the court can vary, modify or cancel it if circumstances change or the receiving spouse remarries.
  • Section 24 asks that an application for interim maintenance and case expenses be decided, as far as possible, within sixty days of notice being served on the other side.

Common questions

Can a husband claim alimony?

Yes, under the Hindu Marriage Act. Sections 24 and 25 allow an application by either the wife or the husband. The Special Marriage Act provisions are written for a claim by the wife.

Is alimony the same as maintenance under Section 144 BNSS?

No. Alimony under the Hindu Marriage Act is decided by the court hearing the matrimonial case. Section 144 BNSS (old Section 125 CrPC) is a separate monthly maintenance remedy before a Magistrate. Both can be claimed, but the courts adjust one amount against the other.

Is there a fixed percentage of salary for alimony?

No. The statute gives no percentage. The Supreme Court has said there is no fixed formula and the amount depends on the facts, such as needs, income, assets and the standard of living during the marriage.

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Related terms

Maintenance (Section 144 BNSS)Mutual consent divorce

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Last checked against the official text on India Code on 9 Nov 2026. This is general information on Indian law, not legal advice for your situation. Laws and court rulings change; a lawyer can tell you how they apply to your facts.