Guided Legal Advice by Advocate Ketan Palshikar, Divorce Lawyer in Pune
Divorce or separation not only marks the end of a marriage but also raises questions about the financial stability of the dependent spouse. In India, the concept of maintenance and alimony is designed to ensure that neither spouse faces financial hardship after separation or divorce.
At Advocate Ketan Palshikar Pune, we specialize in helping clients understand their legal rights and obligations related to maintenance and alimony — whether you are seeking financial support or defending a claim.
1. What is Maintenance and Alimony?
Maintenance refers to the financial support one spouse provides to the other during or after legal proceedings such as divorce or separation. It ensures that the financially weaker spouse can maintain a standard of living similar to what was enjoyed during the marriage.
Alimony, on the other hand, usually refers to a one-time or periodic financial settlement paid after divorce. In practical terms, both maintenance and alimony serve the same purpose — financial support.
2. Legal Provisions Governing Maintenance in India
Maintenance and alimony in India are governed under different laws depending on religion, marriage type, and personal law. The main statutory provisions are:
- Section 24 & 25 of the Hindu Marriage Act, 1955 – for Hindus, Buddhists, Sikhs, and Jains.
- Section 18 of the Hindu Adoptions and Maintenance Act, 1956 – provides the wife’s right to claim maintenance during subsistence of marriage.
- Section 125 of the Code of Criminal Procedure (CrPC), 1973 – provides a quick remedy to wives, children, and parents irrespective of religion.
- Special Marriage Act, 1954 – applicable to inter-religious marriages.
- Personal laws such as Muslim Women (Protection of Rights on Divorce) Act, 1986, and Christian Divorce Act, 1869, also contain provisions for maintenance.
3. Types of Maintenance
(A) Interim Maintenance
Also known as pendente lite maintenance, this is granted during the pendency of divorce or separation proceedings.
Its purpose is to support the spouse who has no independent income during the litigation period.
Under Section 24 of the Hindu Marriage Act, the court may grant interim maintenance to either spouse.
(B) Permanent Alimony or Maintenance
After the final decree of divorce, the court may grant permanent alimony to one spouse.
It can be a lump-sum payment or monthly/periodic payments, depending on the financial capacity and circumstances of both parties.
4. Who Can Claim Maintenance
The right to claim maintenance is available to:
- Wife – if she is unable to maintain herself.
- Husband – if he is incapacitated or unable to earn (recognized under gender-neutral provisions).
- Children – legitimate or illegitimate, minor or dependent adult children.
- Parents – dependent parents may also claim maintenance from their earning children under Section 125 CrPC.
5. Factors Considered by Court While Granting Maintenance
The court carefully examines the financial and social background of both spouses before deciding the quantum of maintenance. Major factors include:
- Income, assets, and liabilities of both parties.
- Standard of living during the marriage.
- Age, health, and employment status of both spouses.
- Number of dependents (children or parents).
- Conduct and circumstances of both parties.
- Duration of marriage.
- Reasonable needs of the claimant.
There is no fixed formula, and each case is decided on its own merits to ensure fairness.
6. Maintenance for Working Women
A common misconception is that a working woman cannot claim maintenance.
In reality, if her income is insufficient to maintain the same standard of living as during marriage, the court may still award maintenance or alimony. The intent is to balance financial inequality, not to punish either party.
7. Enforcement of Maintenance Orders
If the spouse ordered to pay maintenance fails to do so, the law provides remedies.
Under Section 125(3) CrPC, the court can issue warrants for recovery or even sentence the defaulter to imprisonment for non-payment.
In civil cases, the court can attach property or salary to enforce payment of alimony.
8. Taxability of Alimony and Maintenance
- Monthly maintenance received is treated as income in the hands of the receiver (subject to certain exceptions).
- Lump-sum alimony paid as one-time settlement is generally treated as a capital receipt, not taxable in most cases.
Proper legal structuring of settlements can help avoid unnecessary tax implications.
9. Importance of Legal Guidance
Maintenance and alimony matters require careful presentation of income proof, lifestyle evidence, and financial records.
An experienced Divorce and Family Lawyer ensures:
- Correct calculation and representation of your financial condition;
- Effective argument before the Family Court;
- Enforcement of your rights and protection from unfair demands.
At Advocate Ketan Palshikar Pune, we assist clients in claiming, negotiating, and defending maintenance and alimony cases with professionalism, discretion, and strong legal expertise.
Contact Advocate Ketan Palshikar Pune
Whether you are filing for divorce or already separated, knowing your financial rights is essential.
Consult Advocate Ketan Palshikar Pune, an experienced Divorce and Family Lawyer, for expert guidance on maintenance and alimony under Indian law.