Permanent Alimony in India: How Courts Decide the Amount

Interim and permanent maintenance

Section 24 of the Hindu Marriage Act, 1955 provides for maintenance and litigation expenses while the case is pending. Section 25 allows the court, at the time of the decree or later, to order permanent alimony as a lump sum or periodic payment. Either spouse may claim, though claims are usually by the wife.

Disclosure is compulsory

In Rajnesh v. Neha (2020), the Supreme Court directed that both parties file an affidavit disclosing their assets and liabilities in all maintenance proceedings, across different laws. It also held that maintenance awarded in one proceeding must be taken into account in another, to avoid overlapping orders.

Factors the court considers

• Income, assets and earning capacity of both spouses
• Status and standard of living during the marriage
• Reasonable needs of the claimant and of the children
• Duration of the marriage and age and health of the parties
• Liabilities and obligations of the paying spouse
• Conduct of the parties, where relevant

Lump-sum settlements

In mutual consent divorces, a one-time settlement is common. It should be recorded in the settlement deed and court order, with payment linked to stages of the case — for example, part at the first motion and the balance at the second.