How much alimony or maintenance can a wife claim in India?

Multiple parallel statutes provide maintenance to spouses:

(1) Section 144 of the BNSS, 2023 — secular, fast-track summary remedy available regardless of religion. Magistrate can order monthly maintenance after a summary hearing. Best for quick interim relief;
(2) Sections 24-25 of the Hindu Marriage Act, 1955 — Section 24 covers interim maintenance and litigation expenses; Section 25 governs permanent alimony at the time of divorce decree;
(3) Section 18 of the Hindu Adoptions and Maintenance Act, 1956 — for a wife living separately due to husband's cruelty, desertion, or another wife in the household;
(4) Section 20 PWDVA, 2005 — monetary relief alongside DV protection orders;
(5) Muslim Women (Protection of Rights on Marriage) Act, 2019 — sustenance to divorced Muslim women.

You can pursue multiple routes simultaneously — they aren't mutually exclusive.

Following Rajnesh v. Neha, (2021) 2 SCC 324, courts apply a structured framework. Both parties must file an Affidavit of Assets and Liabilities disclosing income, expenses, dependants and standard of living. Factors considered:

(1) Status of the parties — social and educational background;
(2) Reasonable needs of the wife and dependent children — including school fees, medical, lifestyle;
(3) Income, status and means of the husband;
(4) Standard of living during the marriage;
(5) Number of dependants on the husband;
(6) Income of the wife, if any;
(7) Length of the marriage;
(8) Husband's liabilities — including legitimate ones.

Common range: 15-30% of the husband's net monthly income, though high-net-worth, short-marriage cases can be higher. For lump-sum permanent alimony, multipliers of 1-3 years' income are sometimes used.

Building a thorough income file is the single most important factor in your case. Sources:

(1) Income Tax Returns (ITRs) for the last 6 years — obtain via Form 26AS or through court process under Rajnesh mandate;
(2) Salary slips and Form 16 for salaried husbands;
(3) Bank statements of all accounts — disclosure mandated;
(4) Property records — sale deeds, encumbrance certificates, mutation records;
(5) Investment portfolio — demat account, mutual funds, FDs, insurance;
(6) Business records — for self-employed husbands, books of accounts, GST returns, audit reports;
(7) Loan and EMI records;
(8) Lifestyle indicators — credit card statements, club memberships, vehicle registrations, foreign travel records, school fees of children.

If husband hides assets, the court can adverse-infer and apply 'lifestyle yardstick' — calculating maintenance based on what he must earn given his apparent lifestyle (K. Sivaram v. K. Mangalamba, AIR 1990 AP 1).

Yes — but the quantum is adjusted based on her income. Courts consider:

(1) Whether the wife is earning sufficient to maintain her standard of living commensurate with marital lifestyle;
(2) Whether she had to sacrifice career for marriage (homemaker for years, then re-entering workforce);
(3) The gap between her income and marital lifestyle;
(4) Whether children's expenses and custody affect her earning capacity.

A wife earning ₹50,000/month from a husband earning ₹5 lakh/month is still entitled to substantial maintenance — particularly if the marital lifestyle was at a much higher tier.

The Supreme Court in Sunita Kachwaha v. Anil Kachwaha, (2014) 16 SCC 715 held that the wife's mere capacity to earn is not enough — actual earnings and her ability to maintain marital standard of living are what matter.

For interim maintenance, working wives are still routinely awarded relief if the income gap is significant. See our related child maintenance guide.

Two distinct types of relief under the Hindu Marriage Act:

(1) Monthly/periodic maintenance under Section 24 HMA — interim, until divorce is granted or denied. Aimed at sustaining the wife during litigation. Can range from ₹10,000 to ₹2 lakh+ per month depending on income.

(2) Permanent alimony under Section 25 HMA — awarded at the time of divorce decree as a final settlement. Can be:
- A lump-sum payment;
- A periodic monthly payment for life or specified term;
- A combination of both.

Lump-sum is often preferred — it severs financial ties and avoids ongoing enforcement headaches. Common formulas:
(a) 1-3 years of the husband's annual income;
(b) Sufficient corpus to generate annuity matching the maintenance amount;
(c) Specific assets (a flat, a fixed deposit) transferred outright.

Permanent alimony can be modified if either party's circumstances change substantially (Section 25(2)). It ends if the wife remarries.

For Mutual Consent Divorce, alimony is negotiated upfront — see our divorce procedure guide.