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In this guide
- What is alimony?
- Who can claim alimony in Delhi?
- Laws that govern alimony in Delhi
- How alimony is calculated
- Lump sum or monthly alimony?
- Recent Supreme Court rulings on alimony
- Interim maintenance while the divorce is pending
- When does alimony stop or change?
- Common mistakes in alimony cases
- How a lawyer helps
- Frequently asked questions
Alimony in Delhi is decided by the Family Court on the facts of each case. There is no fixed formula. Courts look at both spouses’ income, needs, standard of living and liabilities. A common starting point for monthly support is about 25% of the paying spouse’s net income, and a one-time settlement is also possible. This guide explains how the amount is worked out.
Key takeaways
- Permanent alimony is granted under Section 25 of the Hindu Marriage Act, 1955; interim maintenance during the case falls under Section 24.
- Either spouse can claim. A husband with no income can seek maintenance from an earning wife.
- 25% of net income is a broad guideline from the Supreme Court, not a mandatory rule.
- Both spouses must file an affidavit disclosing assets and liabilities, as directed in Rajnesh v. Neha (2020).
- Alimony can be monthly or a one-time lump sum, and can be varied if circumstances change.
What is alimony?
Alimony is financial support one spouse pays the other at or after divorce. Courts in India use “maintenance” and “alimony” loosely. Broadly, interim maintenance is paid while the case is pending, and permanent alimony is fixed when the decree is passed.
The aim is to let the dependent spouse live with dignity and close to the standard enjoyed during the marriage. The Supreme Court has said it should not punish the paying spouse.
Who can claim alimony in Delhi?
Under the Hindu Marriage Act, either the wife or the husband can apply. The applicant must show that they do not have independent income enough for their support. Courts also check whether the claimant is capable of earning and has chosen not to.
- A wife with no income or limited income.
- A husband who cannot support himself, for example due to illness or disability.
- A spouse who gave up a career for the family and has no recent work history.
Children are not parties to alimony, but their maintenance and education costs are usually decided alongside it.
Laws that govern alimony in Delhi
| Law | Provision | What it covers |
|---|---|---|
| Hindu Marriage Act, 1955 | Section 24 | Interim maintenance and litigation costs while the case is pending |
| Hindu Marriage Act, 1955 | Section 25 | Permanent alimony and maintenance at or after the decree |
| Special Marriage Act, 1954 | Sections 36 and 37 | Interim and permanent alimony for inter-faith and civil marriages |
| Bharatiya Nagarik Suraksha Sanhita, 2023 | Section 144 (old Section 125 CrPC) | Monthly maintenance for wife, children and parents |
| Protection of Women from Domestic Violence Act, 2005 | Section 20 | Monetary relief for an aggrieved woman |
| Hindu Adoptions and Maintenance Act, 1956 | Section 18 | Maintenance for a Hindu wife living separately for valid reasons |
Claims under different laws can run together, but courts adjust one award against another to avoid double payment. For the criminal-law route, see our guide on maintenance under Section 144 BNSS.
How alimony is calculated
In Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017), the Supreme Court said 25% of the husband’s net salary would be just and proper on those facts. Courts treat this as a broad guideline. In 2026, the Allahabad High Court confirmed it is not mandatory and that “net” means income after taxes and statutory deductions.
In Parvin Kumar Jain v. Anju Jain (December 2024), the Supreme Court listed eight factors, drawing on Rajnesh v. Neha and Kiran Jyot Maini v. Anish Pramod Patel:
- Social and financial status of both parties.
- Reasonable needs of the wife and dependent children.
- Qualifications and employment of both parties.
- Independent income or assets of the applicant.
- Standard of living in the matrimonial home.
- Career sacrifices made for family responsibilities.
- Reasonable litigation costs for a non-working spouse.
- Financial capacity, income, other maintenance duties and liabilities of the paying spouse.
Simple illustration: if the husband’s net monthly income is ₹1,00,000, a court may begin around ₹25,000 a month. It may then go up or down for children, the wife’s own income, loans or other dependants. This is an illustration only, not a promise of any figure.
Lump sum or monthly alimony?
| Point | One-time lump sum | Monthly payments |
|---|---|---|
| Certainty | Ends future disputes | Can be varied later under Section 25(2) |
| Common in | Mutual consent divorces and settlements | Contested cases and where income is regular |
| Risk | Payer needs funds upfront | Default and execution proceedings |
| Inflation | Fixed at the time of decree | Courts may add periodic increases |
In mutual consent divorces, spouses usually agree on a full and final sum in the settlement. Our guide to mutual consent divorce in Delhi covers how that is recorded.
Recent Supreme Court rulings on alimony
| Case | Year | Key point |
|---|---|---|
| Rajnesh v. Neha | 2020 | Mandatory affidavit of assets and liabilities; maintenance from the date of application; overlapping claims to be adjusted |
| Parvin Kumar Jain v. Anju Jain | 2024 | Eight-factor test; ₹5 crore one-time alimony and ₹1 crore secured for the son |
| Rinku Baheti v. Sandesh Sharda | 2024 | Alimony is not meant to equalise wealth between spouses; ₹10 crore one-time settlement |
| Rakhi Sadhukhan v. Raja Sadhukhan | 2025 | Alimony raised from ₹20,000 to ₹50,000 a month, with a 5% increase every two years |
| M.V. Leelavathi v. Dr. C.R. Swamy | 2025 | One-time alimony raised from ₹15 lakh to ₹50 lakh, payable in instalments |
Interim maintenance while the divorce is pending
A spouse without enough income can apply under Section 24 HMA for monthly support and litigation costs during the case. The proviso to Section 24 says the application should, as far as possible, be decided within 60 days of service of notice. In practice, Delhi Family Courts first ask both sides to file the Rajnesh v. Neha affidavit.
From our practice before Delhi Family Courts, an incomplete or evasive income affidavit is one of the most common reasons for adverse orders and adjournments in claims for alimony in Delhi.
When does alimony stop or change?
- Either spouse can seek a change if their circumstances change, under Section 25(2) HMA.
- Under Section 25(3) HMA, the court may vary or cancel the order if the receiving spouse remarries.
- A one-time settlement accepted as full and final generally cannot be reopened.
- Unpaid alimony can be recovered through execution proceedings in the Family Court.
Common mistakes in alimony cases
- Hiding income or assets in the disclosure affidavit.
- Agreeing to a lump sum without checking tax, children’s needs or property transfer costs.
- Stopping payment without a court order.
- Filing overlapping claims and not disclosing earlier orders.
- Ignoring the cost of living in Delhi when proposing an amount.
How a lawyer helps
A divorce lawyer in Delhi can prepare the income affidavit, gather proof of the other side’s earnings and argue for a fair amount. In agreed separations, a mutual divorce lawyer in Delhi can draft a settlement that covers alimony, stridhan and property. Where children are involved, a child custody lawyer in Delhi can align custody and child support.
Frequently Asked Questions
How much alimony does a wife get in Delhi?
There is no fixed amount. Courts often start near 25% of the husband’s net monthly income and adjust for children, the wife’s own income, liabilities and the standard of living. One-time settlements vary widely, from a few lakh to several crore, depending on the facts.
Can a husband claim alimony from his wife?
Yes. Sections 24 and 25 of the Hindu Marriage Act are gender-neutral. A husband who has no independent income sufficient for his support can claim maintenance from an earning wife. Courts examine whether he is genuinely unable to earn.
Does a working wife get alimony?
She may. Earning some income does not automatically bar a claim. Courts compare her income with her reasonable needs and the standard of living in the marriage. If her income is enough to maintain herself at that level, the claim may be refused or reduced.
Is alimony taxable in India?
Generally, a one-time lump sum is treated as a capital receipt and is not taxed, while recurring monthly payments may be taxed as income of the recipient. Tax treatment depends on the facts, so take advice before agreeing to the structure.
Is there alimony in mutual consent divorce?
Yes, but it is agreed between the spouses rather than fixed by the court. The amount, payment schedule and any property transfer are written into the settlement and recorded by the Family Court. It is usually paid as a full and final sum before the second motion.
Does alimony stop if the wife remarries?
Under Section 25(3) of the Hindu Marriage Act, the court may vary or cancel an alimony order if the receiving spouse remarries. A one-time settlement already paid as full and final is generally not refundable on remarriage.
Conclusion
Alimony in Delhi depends on income, needs and fairness, not a fixed formula. Full disclosure and realistic proposals usually lead to faster and fairer orders. For advice specific to your situation, you may consult a qualified advocate.
Related guides and services
- Divorce Lawyer in Delhi
- Mutual Divorce Lawyer in Delhi
- Child Custody Lawyer in Delhi
- Maintenance under Section 144 BNSS in Delhi
- Cost of Divorce in Delhi
Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm
Speak to SRLM Law Associates
For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta and the SRLM Law Associates team can be reached at +91 92052 74745 or [email protected]. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.
This article is for general information only and is not legal advice.
