Divorce Maintenance Calculation in India: How Much Can You Claim?
By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Family Law
One of the most common questions in divorce cases is: how much maintenance will the court award? There is no fixed formula under Indian law courts have wide discretion and consider multiple factors. Understanding these factors helps you prepare a stronger maintenance claim or defence. Advocate Ganta Surya Kiran at 19 Law Chambers Visakhapatnam has secured significant maintenance awards for clients before the Family Court Visakhapatnam.
Types of Maintenance — Different Laws, Different Amounts
Interim Maintenance (Section 24 HMA): During pendency of divorce proceedings either spouse can claim. Courts award based on immediate needs and husband’s income. Often decided quickly within 2 to 3 months of application.
Permanent Alimony (Section 25 HMA): Awarded at the time of divorce decree one-time lump sum or monthly amount for life. Courts consider standard of living during marriage, duration of marriage, and future needs.
Maintenance Under Section 125 CrPC: Fastest remedy available regardless of religion. Any Magistrate court can award. Awarded when husband has sufficient means but neglects to maintain wife and children.
Factors Courts Consider for Maintenance Amount
Husband’s Income and Assets: Courts examine salary slips, IT returns, bank statements, property holdings, and business income. If husband hides income courts draw adverse inference from lifestyle and assets.
Wife’s Income and Needs: If wife is earning her income is considered but does not automatically reduce maintenance. Courts look at the gap between spouses’ financial positions and pre-marital standard of living.
Duration of Marriage: Longer the marriage higher the maintenance generally. Short marriages of under 2 years may result in lower or no permanent alimony.
Number and Age of Children: Child maintenance is additional to wife’s maintenance. Older children in higher education require more support. Read: Child Custody Rights India.
Standard of Living During Marriage: Courts aim to maintain the wife’s standard of living close to what she enjoyed during marriage. Upper-class families see significantly higher awards.
Conduct of Parties: Adultery or desertion by the claimant can reduce maintenance amount. However, even wives with some conduct issues are not denied maintenance entirely under Section 125 CrPC.
Maintenance Amounts — Realistic Expectations
There is no fixed percentage. In Andhra Pradesh courts typically award 20% to 35% of husband’s net monthly income as interim maintenance. The Supreme Court in Rajnesh v. Neha (2020) issued comprehensive guidelines requiring full financial disclosure from both parties before maintenance is determined. One-time permanent alimony settlements range from 3 to 5 years’ worth of annual maintenance amounts.
Frequently Asked Questions
Q: Can maintenance be increased after the initial order?
Yes — either party can file for modification if there is a material change in circumstances increase in husband’s income, change in wife’s needs, children’s education costs, etc.
Q: Can a working wife claim maintenance?
Yes — the Supreme Court has held that a wife’s employment does not automatically disentitle her to maintenance. If there is a significant gap between spouses’ income and standard of living maintenance is awarded. Guide: Wife Maintenance Rights Section 125 CrPC.
Q: What if husband refuses to pay court-ordered maintenance?
File an execution petition. Under Section 125(3) CrPC each month of default can result in imprisonment of up to 1 month. Courts also attach salary or bank accounts for recovery. Full divorce guide: Divorce Procedure India. Free legal aid: NALSA — nalsa.gov.in.
Also read: Mutual Consent Divorce Procedure India | Section 498A Dowry Harassment | Best Divorce Lawyers Vizag
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