Maintenance & Alimony in India: Meaning, Laws & Rights

Financial support after separation or divorce is not just a legal requirement, it is a matter of dignity, survival, and fairness. In India, the concept of maintenance and alimony plays an essential role in ensuring that a spouse (usually the wife) and children do not suffer financially due to marital breakdown. Courts across India have consistently emphasised that marriage may end, but responsibilities do not.

What is Maintenance?

Maintenance refers to the financial support provided by one spouse to the other (or to children) for meeting basic needs such as:

• Food

• Clothing

• Residence

• Education

• Medical needs

Maintenance can be awarded during marriage, during divorce proceedings, or after divorce, depending on the circumstances.

What is Alimony?

Alimony means a one-time lump sum given by one spouse to the other at the time of divorce. It is usually a one-time settlement, unlike maintenance which is monthly.

Why is Maintenance Needed?

Indian society has historically seen women sacrifice education, career, and financial independence for family responsibilities. After separation, many spouses, especially women, are left with no income source.

Maintenance ensures:

• A dignified life

• Financial stability

• Protection from destitution

• Support for children

• Fairness in marital breakdown

The Supreme Court has repeatedly held that maintenance is a social obligation and not a favour.

Legal Provisions Governing Maintenance in India

Maintenance rights come from multiple laws. Each law is meant for different situations.

1. Section 125 of the Criminal Procedure Code (CrPC)

Section 125 CrPC is the most widely used and quickest remedy for securing maintenance.

It allows wives, minor children, adult disabled children, and parents to seek monthly maintenance from a person who neglects them.

Key features:

• Quick and summary procedure

• Gender-neutral (parents and children can also claim)

• Applies to all religions

Case Law: Bhuwan Mohan Singh v. Meena (2014)

The Supreme Court said maintenance must ensure “a similar standard of living as enjoyed in the matrimonial home.”

2. Hindu Marriage Act, 1955 (Sections 24 & 25)

This act applies to Hindus, Buddhists, Jains, and Sikhs.

Section 24 – Interim (temporary) maintenance

Either spouse (husband or wife) who has no sufficient independent income can apply for:

• Monthly interim maintenance

• Litigation costs

Factors Considered

• Income difference between parties

• Reasonable needs of the applicant

• Lifestyle during marriage

• Conduct of parties (to some extent)

Section 25 – Permanent alimony

Given at the end of the proceedings, either monthly or one-time.

The court considers:

• Income of both spouses

• Education & job capabilities

• Conduct of parties

• Standard of living

• Children’s needs

3. Hindu Adoption and Maintenance Act, 1956 (HAMA)

This Act gives rights even without divorce, making it unique.

 Wife’s Right to Be Maintained (Section 18)

A Hindu wife is entitled to maintenance during her lifetime.

Grounds She May Live Separately & Still Claim Maintenance

• Desertion by husband

• Cruel behavior

• Husband having another wife

• Husband converting religion

• Husband keeping a concubine

• Husband suffering from loathsome disease

• Husband failing to provide separate residence

Case Law: B.P. Achala Anand v. S. Appi Reddy (2005)

The Supreme Court recognised a wife’s right to residence and maintenance as fundamental marital rights.

Children’s Maintenance (Section 20)

Parents must maintain:

• Minor children

• Adult disabled children

• Legitimate & illegitimate children

Widowed Daughter-in-Law (Section 19)

A widowed daughter-in-law can claim from:

• Father-in-law

• If she is unable to maintain herself

• And if she has no property or income

4. Protection of Women from Domestic Violence Act, 2005

Under Section 20, the court can grant monetary relief including maintenance. DV Act is powerful because:

• It covers live-in relationships

• It gives right to shared household

• It provides quick interim protection

5. Muslim Women (Protection of Rights on Divorce) Act, 1986

A Muslim woman can claim:

• Mahr

• Fair & reasonable provision

• Maintenance for children

• Amount for future needs

The 2001 Daniel Latifi judgment ensured Muslim women have adequate financial rights beyond iddat.

Types of Maintenance

Maintenance is generally divided into two types:

1. Interim Maintenance

Granted during court proceedings. It covers immediate expenses such as rent, groceries, basic needs, and children's schooling.

Important Case Law: Rajnesh v. Neha (2020)

The Supreme Court issued guidelines for:

• Uniform maintenance format

• Disclosure of assets & income

• Avoiding conflicting maintenance orders

This judgment strengthened transparency and fairness.

2. Permanent Maintenance or Alimony

This type of divorce granted at the end of divorce.

The amount depends on:

• Duration of marriage

• Age of spouses

• Responsibilities (children, medical needs)

• Income & earning capacity

There is no fixed formula, but courts often award 20%–33% of the husband’s income as maintenance in many cases.

Factors Courts Consider Before Granting Maintenance

Courts aim to maintain a balance, keeping in mind fairness for both sides.

Key factors include:

• Income and assets of both spouses

• Lifestyle during marriage

• Age and health

• Responsibility of children

• Conduct (cruelty, desertion, etc.)

• Ability to earn

• Reasonable expenses

The idea is not to punish the husband or reward the wife, but to maintain financial equity.

Can a Working Wife Get Maintenance?

Yes. A working wife can still claim maintenance if her income is not enough to meet her basic needs or to maintain a lifestyle similar to what she enjoyed in the matrimonial home. Indian courts have repeatedly held that the purpose of maintenance is not to punish the husband or reward the wife, but to ensure that the financially weaker spouse does not suffer after separation. Even if the wife is employed, factors such as low salary, unstable job, high cost of living, medical expenses, or responsibility of children can justify maintenance.

Case Law: Shailja v. Khobbanna (2018)

In this landmark case, the Supreme Court clarified that a woman having an earning source does not automatically disqualify her from claiming maintenance. What matters is whether her income is “sufficient and adequate” to support a dignified life. The Court emphasised that maintenance aims to prevent the wife from becoming destitute or living in poverty. Therefore, even working women, teachers, receptionists, part-time employees, or those on temporary contracts, have the right to claim maintenance if their earnings are insufficient to meet reasonable expenses.

Another important observation was that the wife is not expected to work beyond her capacity or take on multiple jobs merely to avoid seeking maintenance. The husband's financial strength, lifestyle during marriage, and overall economic background are also considered.

Can a Husband Claim Maintenance?

Yes. The law in India does not restrict maintenance only to wives. Under Section 24 and 25 of the Hindu Marriage Act, 1955 and even under Section 125 CrPC, a husband can seek maintenance if he genuinely lacks the means to support himself. Courts follow the principle that maintenance is based on need, not gender.

A husband may be eligible for maintenance when he is:

• Suffering from a physical disability

• Affected by a serious illness that prevents him from working

• Unable to find work despite genuine efforts

• Financially dependent due to circumstances beyond his control

However, courts expect the husband to show that the dependency is genuine and not a deliberate attempt to avoid work. If the wife is earning significantly more, and the husband is incapable of generating income due to valid reasons, courts may direct the wife to pay maintenance. This reflects the modern interpretation of gender equality, the law protects both spouses from financial hardship, not just women.

When Can Maintenance Be Denied?

Maintenance is not an automatic right. Courts may deny it when the spouse seeking maintenance is at fault or does not require financial support.

• Adultery

If the wife or husband is proven to be living in an adulterous relationship, they may lose the right to maintenance. Courts strictly examine evidence before making such a decision, but if proven, adultery is an absolute bar under many statutes.

• Desertion Without Reason

If a spouse leaves the matrimonial home without valid cause, refuses to return, or abandons the partner intentionally, maintenance can be denied. Courts require proof that the desertion was wilful and unjustified.

• Sufficient Independent Earnings

If the spouse has:

• A stable job

• Enough savings

• Independent assets

• Family support, they may not receive maintenance. Courts examine bank statements, salary slips, and lifestyle to ensure there is no misuse of the remedy.

• Cruelty

If the spouse seeking maintenance has inflicted mental or physical cruelty on the other such as abuse, harassment, or violence, courts may refuse maintenance as the law does not protect a guilty spouse.

Landmark Judgments on Maintenance

1. Danial Latifi v. Union of India (2001)

This case settled the long-standing confusion regarding maintenance for Muslim women after divorce. The Supreme Court upheld the 1986 Act but interpreted it in a progressive way, holding that a husband must provide a “fair and reasonable provision” that extends beyond the iddat period. This meant that Muslim women were entitled to a lump-sum settlement sufficient for their future livelihood. The judgment ensured that divorced Muslim women were not left abandoned or financially insecure.

2. Vinny Parmar v. Parmar (2011)

The Supreme Court ruled that while granting permanent alimony, courts must balance fairness, the amount should neither be excessive nor insufficient. It must reflect the standard of living, duration of marriage, and financial capacity of both spouses. The Court emphasised that alimony should not become a burden that cripples the paying spouse, nor should it be so low that it deprives the recipient of dignity.

3. Sunita Kachwaha v. Anil Kachwaha (2014)

In this case, the Court clarified that a woman’s capability to earn is not enough to deny maintenance if she is not actually earning. The husband argued that since his wife was educated, she should not get maintenance. The Supreme Court rejected this, ruling that unless there is proof of actual income, she cannot be denied relief. This decision strengthened the rights of educated but unemployed or homemaker wives.

Conclusion

Maintenance and alimony laws in India aim to protect spouses, especially women from financial hardship after separation. They uphold the principle that marriage may end, but responsibility does not. Through evolving judgments, Indian courts continue to strengthen the right to live with dignity, ensuring that maintenance is fair, transparent, and adequate.