Quick answer: Permanent alimony in India is the lump sum or periodic support a court orders on or after divorce. Section 25 of the Hindu Marriage Act lets either spouse claim it. No fixed formula applies. Instead, courts weigh both parties’ income, assets, needs, marital lifestyle, career sacrifices and the paying spouse’s liabilities.
Permanent alimony in India decides how a divorcing couple shares financial responsibility once the marriage ends. It often becomes the most contested issue in a divorce. Courts aim to protect the dependent spouse from hardship, while also making sure they do not punish the paying spouse. This guide explains the law, the factors courts apply, the recent rulings and the practical steps.
What Is Permanent Alimony in India?
Permanent alimony is financial support that a court grants when it passes a decree of divorce, judicial separation or nullity, or afterwards. It differs from interim maintenance, which the court awards only while the case is pending. It also differs from maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 125 CrPC from 1 July 2024.
Several personal laws contain the power. Section 25 of the Hindu Marriage Act, 1955 covers Hindus, Sikhs, Jains and Buddhists. Section 37 of the Special Marriage Act, 1954 covers civil and inter-faith marriages. Notably, Section 25 HMA is gender-neutral, so a dependent husband can also apply.
How Courts Calculate Permanent Alimony in India
No statute prescribes a percentage or formula. Instead, the Supreme Court in Parvin Kumar Jain v. Anju Jain (10 December 2024) listed guiding factors. Courts typically consider:
- The social and financial status of both spouses.
- The reasonable needs of the wife and any dependent children.
- Each party’s qualifications and employment status.
- The applicant’s independent income or assets.
- The standard of living during the marriage.
- Career sacrifices made for family responsibilities.
- Reasonable litigation costs for a non-working spouse.
- The paying spouse’s income, liabilities and other maintenance duties.
The Court stressed that these factors serve as guidelines, not a rigid formula. Courts may also order a one-time lump sum, which ends future disputes, or a monthly amount with periodic increases.
Key Case Law on Permanent Alimony
Parvin Kumar Jain v. Anju Jain (SC, 2024): The Court awarded a one-time settlement of Rs. 5 crore. It also directed the husband to set aside Rs. 1 crore for his son. Importantly, it held that alimony should secure a decent life for the wife without penalising the husband.
Rakhi Sadhukhan v. Raja Sadhukhan (SC, 2025): The Court raised alimony from Rs. 20,000 to Rs. 50,000 a month. It added a 5% increase every two years to offset inflation. Moreover, it held that the husband’s later family duties do not override his duty to a dependent former wife.
Anamika Jain v. Dr. Atul Jain (SC, 28 January 2026): The Court doubled the wife’s monthly alimony to Rs. 30,000. It held that a wife’s education or earning ability alone does not justify a lower award. Similarly, it treated her parents’ wealth as irrelevant.
ABC v. XYZ, 2025:DHC:9233-DB (Delhi High Court, 20 October 2025): A Division Bench refused alimony to a wife who worked as a senior government officer. The Court described alimony as social justice, not a tool to equalise the finances of two capable earners. Thus, the applicant must show genuine need.
Read together, these rulings show a clear balance. Courts protect a genuinely dependent spouse, yet they refuse claims that amount to enrichment.
How to Claim Permanent Alimony in Delhi
- File an application under Section 25 HMA (or Section 37 SMA) in the Family Court hearing the divorce.
- Submit the affidavit of assets, income and expenditure that courts require from both parties.
- Gather proof of income, property, bank records, lifestyle and the other spouse’s earnings.
- Present evidence on needs, children’s expenses and any career break.
- Explore mediation, since many couples settle alimony through a negotiated lump sum.
If you and your spouse agree on terms, you can record the alimony settlement in a mutual consent divorce petition.
Frequently Asked Questions
Is there a fixed percentage for permanent alimony in India?
No. Courts decide each case on its facts, applying factors such as income, needs, assets and the marital standard of living.
Can a husband claim permanent alimony?
Yes. Section 25 of the Hindu Marriage Act allows either spouse to apply, though the husband must prove genuine financial dependence.
Does a working wife get permanent alimony?
It depends. Earning capacity alone does not bar a claim, but the Delhi High Court has refused alimony to a financially self-sufficient spouse.
Is permanent alimony paid monthly or as a lump sum?
Courts can order either. Many settlements prefer a one-time payment because it ends future litigation.
Can the court change permanent alimony later?
Yes. Under Section 25 HMA, either party can seek variation if circumstances change, such as a change in income or remarriage.
Lex Pleaders advises individuals and families on divorce, permanent alimony, maintenance and settlement negotiations before Family Courts and the Delhi High Court. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.
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November 3, 2026[…] A wife cannot claim title to her husband’s flat at divorce. Instead, courts compensate her through maintenance and alimony. Courts weigh his income, assets, liabilities and her needs. For a detailed breakdown, read our guide on how courts calculate permanent alimony in India. […]