Frequently asked questions

Questions and answers

How is alimony calculated in India?

There is no statutory formula. Courts work through the factors set out in Rajnesh v. Neha (2020) and most often land near 25 percent of the husband's net monthly income, adjusted for the length of the marriage, the number of children and the wife's own income.

Is there a fixed percentage for alimony in India?

Twenty five percent of net monthly salary is the benchmark the Supreme Court approved in Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017), tracing back to Dr. Kulbhushan Kumar v. Raj Kumari (1970). It is a starting point that gets argued away from, not a rule.

Can a working wife claim maintenance?

Yes. The test is not whether she earns but whether what she earns lets her maintain the standard of living she had in the marriage. That is why earning wives are regularly awarded maintenance, as in Chaturbhuj v. Sita Bai (2008).

Can a husband claim maintenance from his wife?

Under Section 24 of the Hindu Marriage Act and Section 36 of the Special Marriage Act, yes, because both are worded neutrally. Under Section 125 CrPC, no, because that section covers a wife, children and parents only. Awards to husbands are uncommon and usually involve a genuine inability to earn.

From what date is maintenance payable?

From the date of the application, as the default. Rajnesh v. Neha made backdating the norm rather than the exception, which after several years of litigation can amount to a large arrears figure.

Is there a maximum maintenance amount under Section 125?

No. The Rs 500 monthly ceiling was removed by amendment in 2001. Any site still quoting it is more than two decades out of date.

Is Section 125 CrPC still valid?

Yes, in substance. It became Section 144 of the Bharatiya Nagarik Suraksha Sanhita on 1 July 2024. The wording and the case law carried over.

Can a divorced Muslim woman claim maintenance under Section 125?

Yes. The Supreme Court confirmed it in Mohd. Abdul Samad v. State of Telangana (2024). The Muslim Women (Protection of Rights on Divorce) Act 1986 adds a remedy rather than replacing one. Paying mahr does not discharge a maintenance obligation.

Does alimony stop if she remarries?

Permanent alimony under Section 25 of the Hindu Marriage Act can be varied or rescinded on remarriage, but it is not automatic: an application has to be made. Child maintenance is unaffected, because it belongs to the child.

Can maintenance be increased later?

Yes. Section 25(2) of the Hindu Marriage Act allows variation on a change in circumstances. A substantial rise in the payer's income is a ground, and so is a long-standing order that has lost its real value to inflation.

Lump sum or monthly, which is better?

A lump sum suits an unstable or hard-to-enforce payer, a long expected payment period, or a clean break. A monthly order suits a steady verifiable salary that is likely to rise, since it can be varied upwards. Indian inflation argues for the lump sum more often than people expect.

Is this calculator accurate?

It is an estimate from patterns in 292 reported judgements, and it gives a range rather than a number because quantum is discretionary. It is not legal advice and it cannot account for facts a form does not ask about. Treat it as a starting point for a conversation with a lawyer.

Where these answers come from

Every answer above rests on a reported judgement or a section of a statute, and the longer version is in the guides. The judgements themselves are in the casebook, each with a link to the full text.

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