Maintenance & Alimony
Financial Support After Separation
Maintenance, or alimony, is the financial support one spouse provides to the other after a divorce. It exists to ensure the dependent spouse can maintain a reasonable standard of living. It can be temporary (interim maintenance) during proceedings or long-term (permanent maintenance) after the divorce is finalized.
The Legal Framework
Key laws governing maintenance and alimony in India.
Hindu Marriage Act, 1955
Section 25 allows the court to order one spouse to pay a lump sum or monthly payments to the other for their maintenance and support after a divorce.
Hindu Adoption & Maintenance Act, 1956
Under Section 18, a Hindu wife is entitled to be maintained by her husband throughout her lifetime, even if she lives separately under justified circumstances.
Muslim Women (Protection of Rights on Divorce) Act, 1986
A divorced Muslim woman is entitled to a reasonable and fair provision and maintenance from her former husband, to be paid during the *iddat* period.
Parsi Marriage & Divorce Act, 1936
This Act empowers the court to order alimony, considering the husband's ability to pay and the wife's needs, ensuring she can live with dignity post-divorce.
Indian Divorce Act, 1869
Applying to Christians, Section 37 allows the court to order the husband to secure a gross sum of money or annual payments for the wife's maintenance.
Section 125 of CrPC
A secular provision, this allows a wife, child, or parent who is unable to maintain themselves to claim maintenance from their husband, father, or son, respectively.
Need Financial Support After Separation?
Our expert lawyers can help you claim the maintenance and alimony you deserve. Get a free consultation today.