Matrimonial Law · Hyderabad
How Much Alimony in India? What Courts Actually Award
There is no fixed alimony amount in Indian law. Courts in Hyderabad usually fix interim maintenance at roughly 20–25% of the husband’s net take-home pay under Section 24 of the Hindu Marriage Act, 1955, and permanent alimony under Section 25 at either a monthly figure in the same band or a one-time lump sum of about 15–25% of his net worth. The final number depends on income proof, the wife’s own earnings, the length of the marriage and the children’s needs.
Last reviewed: October 2026 · Reading time: 9 minutes
The three separate claims people call “alimony”
Most confusion about alimony amounts comes from treating three different legal claims as one. They sit in different statutes, are decided by different tests, and can be running at the same time.
The first is interim maintenance under Section 24 of the Hindu Marriage Act, 1955. It is available only while a matrimonial petition is pending — divorce, judicial separation, restitution or nullity. Section 24 lets the court order the husband to pay the wife’s litigation expenses and “such monthly sum during the proceeding” as appears just, having regard to the petitioner’s own income and property and the respondent’s income and property. There is no statutory ceiling and no minimum. It is a holding arrangement, not a final settlement, and it stops when the petition is decided.
The second is permanent alimony under Section 25. This is the real settlement: a gross sum or a monthly/periodical payment, secured if necessary by a charge on the husband’s property, payable for any term not exceeding the wife’s life. Section 25(2) allows either party to apply later to vary, modify or rescind the order if circumstances change — a point most people discover only after the money stops.
The third is maintenance under Section 144 of the BNSS, 2023 (formerly Section 125 of the CrPC). This is a criminal-side remedy available to a wife, children and parents who cannot maintain themselves. It is not tied to any divorce petition, applies to all religions, and can be filed in the district where the wife lives — which is why it is the fastest route for a wife who has moved back to her parents’ home in Hyderabad. A Section 144 order can be enforced by warrant and attachment.
- Interim (S.24 HMA) — during the case only, decided early, revisable.
- Permanent (S.25 HMA) — final, lump sum or monthly, variable later on proof of changed circumstances.
- Criminal maintenance (S.144 BNSS) — religion-neutral, monthly, enforceable by imprisonment on default.
How courts calculate the amount
The controlling judgment is Rajnesh v. Neha, (2021) 2 SCC 324. The Supreme Court did not fix a percentage, but it did something more useful: it standardised the procedure. Every party must file an Affidavit of Disclosure of Assets and Liabilities in the prescribed format, listing salary slips, Form 16, ITRs for three years, bank statements, investments, property, loans and dependants. Non-disclosure or false disclosure is treated as contempt and entitles the court to draw an adverse inference against the party hiding income.
Rajnesh then listed the parameters a court must weigh: the parties’ status and reasonable wants; whether the applicant is educated or professionally qualified; whether the applicant has an independent source of income; the number of dependants and their education and medical needs; the age of the parties; the standard of living the applicant enjoyed in the matrimonial home; any serious disability or ill health; the financial capacity of the husband, his liabilities and whether he supports aged parents; the applicant’s own property; and the duration of the marriage.
On quantum, the Supreme Court in Kalyan Dey Chowdhury v. Rita Dey Chowdhury, (2017) 14 SCC 200, and Manish Jain v. Akanksha Jain, (2017) 15 SCC 801, treated 25% of the husband’s net salary as a reasonable working benchmark where the wife has no income. Practice in Hyderabad family courts sits close to that: interim maintenance commonly lands between 20% and 25% of net take-home, with a deduction where the wife earns, and an addition where there are school-going children.
Two points stop the benchmark being applied mechanically. In Shailja v. Khobbanna, (2018) 12 SCC 199, the Supreme Court held that a wife’s potential earning capacity is not a ground to reduce maintenance — actual income matters, not the fact that she holds a degree. And in Rajnesh itself the Court said the amount must leave the husband enough to live on; awards that consume his entire salary are routinely scaled down on appeal.
Realistic ranges by income band
The table below reflects how Telangana family courts and magistrates typically behave in contested cases where the wife has no independent income and there is one child. It is indicative, not a tariff — the affidavit evidence decides each case.
| Husband’s net income (per month) | Interim maintenance (S.24) | Permanent alimony (S.25) |
|---|---|---|
| ₹40,000 – ₹75,000 | ₹10,000 – ₹18,000 | ₹8,000 – ₹15,000 monthly, or ₹5–10 lakh lump sum |
| ₹75,000 – ₹1.5 lakh | ₹18,000 – ₹35,000 | ₹15,000 – ₹30,000 monthly, or ₹10–25 lakh lump sum |
| ₹1.5 lakh – ₹3 lakh | ₹35,000 – ₹70,000 | ₹30,000 – ₹60,000 monthly, or ₹25–60 lakh lump sum |
| Above ₹3 lakh | ₹60,000 – ₹1 lakh+ | Case-specific; asset share becomes the real fight |
Note what the table does not show: a lump sum is not simply the monthly figure multiplied out. Courts discount a gross sum heavily because it is paid upfront and can be invested. A wife receiving ₹30,000 a month for an expected 30 years would be owed over a crore on paper; no Hyderabad court awards that. Lump sums are anchored to the husband’s realisable assets, the length of the marriage, and whether the wife contributed to the family’s assets or his career.
What pushes the figure up or down
Upward: a long marriage (15+ years) where the wife left paid work to raise children; a wife with no income and no employable qualification; children in private school with documented fees; the husband’s lifestyle — foreign holidays, a car loan, club memberships — proved through bank statements; undisclosed cash income or business receipts; the husband’s remarriage or a second family, which does not reduce the first wife’s entitlement; and the wife’s medical needs or disability.
Downward: the wife’s own salary, rental income or business profits; the award of the matrimonial house to her in lieu of monthly maintenance; the husband’s documented liabilities, including home loan EMIs and dependent parents; a short marriage with no children; and conduct so serious that it amounts to cruelty, which Section 25 requires the court to consider.
A frequently missed lever is Section 27 of the Hindu Marriage Act. Property presented at or about the time of marriage — jewellery, cash, furniture, a vehicle — can be ordered to be returned to its owner in the same petition. That is often worth more than the monthly maintenance and is regularly overlooked because it sits in a different section from alimony.
Step-by-step: claiming alimony in Hyderabad
- File the main petition first. Interim maintenance under Section 24 needs a pending petition — a divorce or restitution petition under the Hindu Marriage Act, or an application under Section 144 BNSS if you want the religion-neutral route.
- File an interlocutory application (IA) for interim maintenance along with the petition. Attach your affidavit of assets and liabilities in the Rajnesh format.
- Serve notice and seek a direction for the husband’s affidavit. If he does not file it, apply for an adverse inference and for discovery of his bank accounts and ITRs.
- Seek interim relief early. Courts are directed to decide maintenance applications within about 60 days; in practice, a well-drafted IA with clean documents gets an order in two to four hearings at the Family Court, Hyderabad.
- Quantify the claim in writing. Plead a specific figure with a working sheet — his net income, your expenses, school fees, rent, medical costs. Vague claims get conservative orders.
- At final stage, elect between lump sum and monthly. Ask for a charge on immovable property under Section 25 if a lump sum is ordered, so the order is enforceable against the asset.
Duration, variation and enforcement
Interim maintenance runs until the petition is disposed of. Permanent alimony under Section 25 can run for the wife’s lifetime, but it is not immutable: either party can apply under Section 25(2) to vary or rescind it. A husband who loses his job can seek reduction; a wife who discovers concealed assets can seek enhancement. Delay matters — variation is usually granted prospectively, not retrospectively.
Remarriage of the wife ends the right to alimony in most cases, and cohabitation with another partner is treated the same way. A wife who remarries does not have to refund arrears already accrued.
Enforcement is where most orders fail. Under Section 144 BNSS, a maintenance order is executed by issuing a warrant for the amount due; if the husband still does not pay, the magistrate can sentence him to imprisonment for up to one month for each month’s default, and attach his property. Under Section 28A of the Hindu Marriage Act, a Section 24 or 25 order is enforced as a decree of the court, which means attachment and sale of property. The practical step is to file the execution application the month the first payment is missed — arrears are normally limited to twelve months preceding the application.
Frequently asked questions
Is there a fixed percentage of salary for alimony in India?
No statute fixes a percentage. The Supreme Court in Rajnesh v. Neha (2021) laid down parameters, not a formula, but judgments such as Kalyan Dey Chowdhury (2017) treat 25% of net salary as a reasonable benchmark where the wife has no income. Hyderabad courts commonly award 20–25% of net take-home as interim maintenance.
How much alimony does a working wife get?
A working wife is still entitled to maintenance if her income cannot sustain the standard of living she had in the matrimonial home. Courts offset her actual income against the assessed need rather than denying maintenance. Where her earnings are comparable to the husband’s, the amount is often nominal or limited to litigation expenses.
Can alimony be a one-time lump sum instead of monthly?
Yes. Section 25 of the Hindu Marriage Act expressly permits a gross sum, and most contested Hyderabad divorces settle on a lump sum because it ends the litigation. The sum is discounted from the monthly figure and is normally secured by a charge on the husband’s immovable property.
Does the husband’s second marriage reduce the first wife’s maintenance?
No. A second marriage does not dilute an existing order. The husband cannot plead his new household as a reason to cut maintenance already fixed, though a court may consider genuine increased liabilities while fixing a fresh amount. Deliberate concealment of income is treated far more harshly than a second family.
How long does an alimony case take in Hyderabad?
Interim maintenance is usually decided within two to four hearings, and courts are directed to dispose of the application within about 60 days of the first hearing. Permanent alimony is decided with the main petition, which typically takes two to four years at the Family Court, Hyderabad, depending on the contest.
What if my husband hides his income or works in cash?
Apply for discovery and for production of his bank statements, ITRs, credit card statements and property records. Under Rajnesh v. Neha, failure to file a truthful affidavit of disclosure entitles the court to draw an adverse inference and to proceed on the wife’s stated figures. Evidence of lifestyle — school fees, rent, vehicle — is often more persuasive than salary slips.
Not sure what figure your case supports?
Advocate Maryam Fatima appears before the Family Court and magistrates in Hyderabad and drafts the affidavit of disclosure that decides these applications. A short consultation will tell you what your income documents actually support.
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