Alimony is a court-ordered financial provision made by one spouse to the other, either as a lump sum or periodic payment, following the dissolution of marriage. Under Indian law, alimony is governed by Section 25 of the Hindu Marriage Act, 1955 and Section 37 of the Special Marriage Act, 1954, which empower the court to order permanent maintenance and support at the time of passing any decree or at any time thereafter.
Legal definition
Section 25 of the Hindu Marriage Act, 1955 provides the statutory framework for permanent alimony:
Section 25(1): Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time after having passed a decree, on an application made for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just.
Section 25(2) further provides that the court may modify, vary, or rescind any such order if there has been a change in the circumstances of either party. Notably, under Section 25(3), remarriage of the recipient spouse terminates the right to receive alimony.
Under the Special Marriage Act, 1954, Section 37 contains substantially similar provisions for permanent alimony applicable to marriages solemnised under the secular framework.
The critical distinction between alimony and maintenance is temporal: maintenance is typically awarded pendente lite (during the pendency of proceedings) under Section 24 HMA or Section 125 of the Code of Criminal Procedure, 1973 (now Section 144 BNSS, 2023), whereas alimony is a permanent financial settlement ordered at or after the decree of divorce.
How courts have interpreted this term
The Supreme Court has progressively developed a comprehensive jurisprudence on alimony, establishing detailed guidelines for quantification and enforcement.
Rajnesh v. Neha [(2021) 2 SCC 324]
In this landmark decision, a bench comprising Justices Indu Malhotra and R. Subhash Reddy laid down comprehensive guidelines for the determination of maintenance and alimony across all proceedings. The Court mandated the filing of affidavits of disclosure by both parties, detailing income, assets, expenses, and liabilities. The Court identified the key factors for quantification: the status of the parties, their respective earning capacities, the reasonable needs of the claimant, the dependent children's needs, the standard of living during the marriage, and the duration of the marriage. The Court also directed that overlapping maintenance orders under different statutes must be adjusted against each other to prevent double recovery.
Kalyan Dey Chowdhury v. Rita Dey Chowdhury [(2017) 14 SCC 200]
The Court held that a wife's entitlement to permanent alimony should not be limited to a sum that merely ensures survival but should enable a standard of living reasonably proximate to what she enjoyed during the marriage. The quantum must reflect the husband's actual earning capacity and not merely his disclosed income, and courts may draw adverse inferences where the husband suppresses financial information.
Vimla (Smt.) v. Veeraswamy [(1991) 2 SCC 375]
The Supreme Court established that the purpose of alimony is to prevent the claimant from being reduced to destitution after divorce and to ensure that the economically weaker spouse can live with dignity. The Court emphasised that a holistic assessment of the parties' financial positions, rather than a mathematical formula, is the appropriate approach.
Types of alimony
Indian law recognises the following forms of alimony:
- Gross sum alimony: A one-time lump-sum payment ordered at the time of decree. Preferred when parties seek a clean break and wish to avoid continuing financial entanglement.
- Periodic alimony: Monthly or other regular payments for a term not exceeding the lifetime of the recipient. The most common form, subject to modification on changed circumstances.
- Interim alimony (maintenance pendente lite): Not strictly "alimony" in the permanent sense, but awarded under Section 24 HMA during the pendency of proceedings to meet the immediate needs of the financially weaker spouse.
- Compensatory alimony: A concept emerging from recent Supreme Court jurisprudence, factoring in the non-monetary contributions of a spouse (such as homemaking and child-rearing) and the career opportunities sacrificed during the marriage.
Why this matters
Alimony is one of the most litigated and financially significant aspects of divorce proceedings in India. For the spouse seeking support, it represents the primary means of maintaining financial stability after the dissolution of a marriage — particularly where one spouse sacrificed career opportunities to manage the household or raise children. For the spouse ordered to pay, it constitutes a continuing financial obligation that may persist for years or even decades.
The Supreme Court's guidelines in Rajnesh v. Neha (2021) represent a watershed in Indian alimony jurisprudence. Before this decision, the quantification of alimony was largely discretionary and inconsistent across courts. The mandatory disclosure affidavits and the structured factors framework now provide a more predictable and transparent basis for calculation. Practitioners should ensure that clients comply with the disclosure requirements, as non-disclosure or suppression of income can lead to adverse inferences and inflated awards.
A common misunderstanding is that alimony is automatically payable by the husband to the wife. Section 25 HMA is gender-neutral — either spouse may claim permanent alimony from the other. In practice, however, the overwhelming majority of alimony claims are made by wives, reflecting the continuing economic disparity in most Indian marriages. Another frequent confusion is that maintenance under Section 125 CrPC and alimony under Section 25 HMA are cumulative; the Rajnesh decision clarified that overlapping awards must be adjusted to prevent double recovery.
Related terms
Broader concepts:
Related financial provisions:
Related proceedings:
Frequently asked questions
What is the difference between alimony and maintenance in India?
Maintenance is typically an interim or ongoing financial provision ordered during the pendency of matrimonial proceedings (under Section 24 HMA or Section 125 CrPC / Section 144 BNSS), whereas alimony refers to the permanent financial settlement ordered at the time of or after the divorce decree under Section 25 HMA. Maintenance can be claimed even without filing for divorce, but permanent alimony is linked to the decree of dissolution.
How is the amount of alimony calculated in India?
There is no fixed formula. Following Rajnesh v. Neha (2021), courts consider the income and assets of both parties, the standard of living during the marriage, the duration of the marriage, the age and health of both parties, the needs of dependent children, and any career sacrifices made by the claimant spouse. Both parties are required to file detailed financial disclosure affidavits.
Can alimony be modified after the divorce decree?
Yes. Under Section 25(2) HMA, either party may apply for modification, variation, or rescission of the alimony order if there has been a material change in circumstances — such as a significant increase or decrease in the paying spouse's income, the claimant spouse becoming self-sufficient, or a change in the needs of dependent children.
Does alimony stop if the recipient remarries?
Under Section 25(3) HMA, the right to receive permanent alimony terminates upon the remarriage of the recipient spouse. This applies to periodic payments; a lump-sum payment already made cannot be recovered. If the paying spouse remarries, that alone does not terminate the obligation, though it may be a relevant factor in an application for modification.
Can a husband claim alimony from his wife in India?
Yes. Section 25 HMA is gender-neutral and permits either the husband or the wife to claim permanent alimony. In practice, such claims by husbands are rare but have been recognised by courts where the wife has substantially greater financial resources.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.