Maintenance and Alimony Laws in India: How Courts Calculate Amount– Maintenance and Alimony Laws play a significant role in providing financial support to one of the spouses in the event of separation or divorce. It is a legal obligation which ensures that the dependent family doesn’t suffer from any financial issues after divorce. Alimony is granted in both mutual divorces and contested divorces. In India, Alimony or Maintenance is given under various laws, suitable according to the religion or form of marriage.

Additionally, the Calculation of Alimony or maintenance amount depends on various factors, which have been discussed below. There are a lot of misconceptions and confusion regarding how to pay, who to pay, how much is paid, and what factors the courts actually consider. As the number of divorces taking place each year is increasing rapidly, being aware of your rights and how courts decide the final amount and which laws apply in different situations has become an essential factor.

Therefore, the Gupta Document Centre present a detailed guide on the topic, Maintenance and Alimony Laws in India: How Courts Calculate Amount, explaining the complete process, including types of maintenance, eligibility, calculation factors, documents required, and key court guidelines.

What are the Different Types of Maintenance Under Indian Law?

Maintenance refers to the financial support provided to a spouse, child, or parent who is financially dependent. This covers essential living expenses during the marriage or during the pendency of court proceedings. Maybe for a temporary or permanent period of time. It is offered by the financially stronger spouse to the weaker one. Here are the Different Types of Maintenance Under Indian Law, discussed as follows:

1. Interim (Temporary) Maintenance

It is granted during the court proceedings, so that the dependent spouse can manage primary expenses until the final judgment.

2. Permanent Maintenance / Alimony

Whereas, Permanent Maintenance is awarded at the time of divorce or final case disposal. It may be given as:

Monthly or periodic maintenance
One-time lump sum alimony

Key Legal Provisions on Maintenance and Alimony in India

The Indian law offers several legal provisions across multiple personal and secular laws. Each law includes specific guidelines, but the core principle remains the same: to provide financial support to the dependent individual, children, and even parents. A list of them has been mentioned as follows:

Section 144 BNSS (Bharatiya Nagarik Suraksha Sanhita), 2023

It is one of the most commonly used maintenance provisions. It applies to all religions across the nation.

The court evaluates:

Husband’s income and liabilities
Wife’s inability to maintain herself
Needs of children
Inflation and rising living costs

Hindu Marriage Act, 1955

Applicable: only to Hindus, Buddhists, Sikhs, and Jains.

Section 24 – Interim Maintenance

It implies that either spouse can claim temporary monthly maintenance during court proceedings until the case is decided.

Section 25 – Permanent Alimony

According to it, the court can grant a one-time lump sum or monthly alimony at the time of divorce or dissolution of the marriage.

Special Marriage Act (SMA), 1954

Applicable to: Applies to all communities, persons of any religion.

Section 36 – In which a wife may claim temporary maintenance or litigation expenses during divorce proceedings.

Section 37 – Permanent Alimony. It is similar to HMA, but for interfaith or civil marriages.

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

Applicable to: Muslim divorced women

Section 3 – Fair and reasonable provision and maintenance during Iddat

Section 4 – Maintenance after Iddat (from relatives/Waqf Board)

Section 5 – Option to seek BNSS, 2023 maintenance instead of Muslim law.

Hindu Adoption and Maintenance Act (HAMA), 1956

Applicable to: Hindus, Buddhists, Jains, Sikhs

Section 18 – Wife’s right to maintenance

Section 19 – Widowed daughter-in-law maintenance

Section 20 – Children and aged parents support

Section 22 – Dependents’ maintenance

This law is applicable even without a divorce.

Christian Law – Indian Divorce Act, 1869

Applicable to- Christians married under Christian personal law in India

Parsi Law – Parsi Marriage and Divorce Act, 1936

Applicable to- Parsi and Zoroastrian couples married under Parsi personal law

How the Court Calculates Maintenance and Alimony Amount in India?

The Indian law calculates the Maintenance and Alimony Amount on various factors; there is no fixed formula to calculate the amount. Instead, the judge evaluates multiple factors based on fairness, financial capacity, and the standard of living of both parties. A list of factors has been highlighted as follows:

Income and Earning Capacity

The court assesses:

Salary
Business income
Property income
Bonuses, incentives, investments
Future earning potential

Standard of Living During the Marriage

A spouse should not be forced to live a lower lifestyle after separation.

Needs and Responsibilities of the Claimant

It includes expenses such as:

Rent
Food
Utility bills
Medical bills
Childcare and education
Transportation
Other essential costs

Reason for Separation

While fault may not always influence the amount, cruelty may sway the court in contested divorces.

Age and Health Condition

Older or medically unfit individuals may receive higher support.

Duration of Marriage

Longer marriages often result in higher along with long-term alimony.

Can the Maintenance Amount be Increased or Reduced?

The maintenance amount awarded by the court is not always permanent. The court ensures that the support remains fair, practical, and aligned with the current needs and abilities of both spouses. The court reviews the new situation before adjusting the amount. It includes situations and factors like as the following:

Income increases or decreases
New responsibilities arise
Medical issues develop
Living costs rise
Voluntary unemployment is detected
The court reviews the new situation before adjusting the amount.

Conclusion

Maintenance and alimony laws in India are designed to provide financial stability and fairness to dependent spouses, children, and parents. While the courts consider many factors, the significant aim is to ensure that the dependent party can live a dignified life. With proper documentation and guidance, the process becomes much smoother. Gupta Document Centre is equipped to assist with all types of legal documentation related to maintenance claims.