If you are stuck in such a situation, here is what to do.

Mr. Rohan Mehra, a successful founder of a tech startup, “InnovateNext Solutions,” in the bustling city of Vidyanagar, found himself in a difficult personal situation. His marriage to Mrs. Anjali Mehra was ending after a decade. With a personal net worth estimated at nearly ₹100 crore, Mr. Mehra’s primary concern was the financial settlement. He had heard stories of men losing half their fortune in a divorce and worried if a fixed 50% rule applied. On the other hand, Mrs. Mehra, who had been a homemaker, was anxious about her financial security and the future of their eight-year-old son, Aarav. She wondered if the law would provide for her and her child, and what factors would determine the support she might receive. This situation raises many common questions about the functioning of alimony and child support under Indian law.

Advice in such cases

Navigating a divorce and the issue of maintenance can be emotionally and financially draining. A structured approach is crucial.

• Begin by compiling all financial records. This includes bank statements, income tax returns, salary slips, property deeds, investment details, and loan documents for both spouses.
• Create a detailed list of all movable and immovable assets, as well as all liabilities. Transparency is mandated by the courts.
• Make a realistic assessment of your monthly expenses and the expenses required for the children, if any. This will form the basis of the maintenance claim.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Maintenance and alimony in India are not governed by a single statute but by various personal and secular laws. The primary provisions include:

• The Hindu Marriage Act, 1955: Section 24 provides for maintenance ‘pendente lite’ (interim maintenance during the court proceedings), and Section 25 deals with permanent alimony and maintenance upon the passing of a divorce decree.
• The Special Marriage Act, 1954: Sections 36 and 37 are parallel provisions to Sections 24 and 25 of the Hindu Marriage Act, applicable to inter-faith or civil marriages.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Section 144 of the BNSS (which corresponds to the earlier Section 125 of the CrPC) provides a swift remedy for maintenance for wives, children, and parents who are unable to maintain themselves. This is a secular provision applicable to all citizens regardless of their religion.

If you are the complainant

If you are the spouse seeking maintenance, like Mrs. Mehra in our example, you are the ‘complainant’ or ‘petitioner’.

• Your first step is to file a petition for maintenance in the appropriate Family Court. This can be done alongside the divorce petition or as a separate application.
• The petition must clearly state your financial needs, your inability to maintain yourself, and the income and assets of the respondent spouse.
• You must file an affidavit detailing your assets, income, and liabilities as per the Supreme Court’s guidelines.
• Supporting documents proving the respondent’s income, your standard of living during the marriage, and your child’s expenses are crucial.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the respondent

If you are the spouse from whom maintenance is being claimed, like Mr. Mehra, you are the ‘respondent’.

• Upon receiving the court notice, you must file a formal reply to the maintenance petition within the stipulated time.
• You are also required to file a mandatory affidavit of your assets, income, and liabilities. Any attempt to conceal income or assets can be viewed adversely by the court.
• You can present evidence to show the petitioner’s own income or earning capacity, or to contest the exaggerated claims of expenses.
• If the claims are fair, negotiating a reasonable settlement through mediation can save time, money, and emotional distress.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Matters of alimony and maintenance are civil in nature and are handled by Family Courts, not the police. The police have no role in determining the amount of alimony or in mediating between the parties. Their involvement is limited to specific situations, such as:

• If a criminal complaint is filed alongside the divorce, such as for domestic violence (under the Protection of Women from Domestic Violence Act, 2005) or cruelty (under Section 85/86 of the Bharatiya Nyaya Sanhita, BNS).
• If the court issues an arrest warrant for the respondent for willful and continuous non-payment of maintenance orders. In this scenario, the police are merely executing the court’s directive.

FAQs people normally have

Is there a fixed percentage like 50% for alimony?
No. This is a common misconception. Indian law does not prescribe any fixed percentage. The court decides the amount on a case-by-case basis, considering factors like the income and property of both spouses, the standard of living they enjoyed, the needs of the claimant, and the conduct of the parties. The goal is to ensure the dependent spouse can live with dignity, not to equalize wealth.

Does a wife have to pay alimony to her husband?
Yes. The provisions for maintenance under the Hindu Marriage Act and Special Marriage Act are gender-neutral. If the husband is unable to earn and has no independent income, and the wife is the wealthier spouse, the court can order the wife to pay maintenance to the husband.

How does child support work?
Child support or maintenance is a separate obligation from spousal alimony. It is the legal duty of both parents to maintain their minor children. The non-custodial parent is typically ordered to pay a monthly amount to the custodial parent. This amount is calculated based on the child’s needs (education, health, upbringing) and the financial capacity of both parents. The obligation generally continues until the child turns 18, but it can be extended for an unmarried daughter until she is married, or for a child with physical or mental disabilities.

What evidence is required?

Strong documentary evidence is key to a fair maintenance order. The court relies on the following:

• Proof of Income: Salary slips, employment contracts, Income Tax Returns for the last 3-5 years, and bank statements.
• Proof of Assets: Title deeds of properties, vehicle registration documents, demat account statements, and details of other investments.
• Proof of Liabilities: Loan statements, mortgage documents, and other debt obligations.
• Proof of Lifestyle: Credit card statements, travel records, and receipts for major expenditures to establish the standard of living.
• Proof of Child’s Expenses: School fee receipts, medical bills, and bills for extracurricular activities.

How long will the investigation take?

Since this is a court process and not a police investigation, the timeline depends on judicial proceedings. The law mandates that applications for interim maintenance (under Section 24 of the HMA) should ideally be disposed of within 60 days from the date of service of notice on the respondent. However, due to the high volume of cases, it often takes 6 to 12 months to get an order for interim maintenance. The final decision on permanent alimony, which is part of the final divorce decree, can be a lengthy process and may take several years to conclude, depending on the complexity of the financial evidence and the court’s schedule.

Advocate Sudhir Rao, Supreme Court of India