ALL >> Legal >> View Article
Alimony (meaning And Law)
Alimony (Meaning and Law)
Alimony or maintenance is awarded to a spouse in the form of financial support by the other spouse under Sec. 25 of the Hindu Marriage Act or Sec. 125 of the Criminal Procedure Code. Legally stating, either husband can claim alimony from wife or vice-versa. But in practise, it is the wife who claims the alimony from her husband. It may be provided either as a lump-sum payment (one-time), periodical payments or monthly payments till the life of the spouse or less than that.
The formula for calculation of Alimony
There is no strait-jacket formula to calculate alimony but a number of factors come into play, merits of which are pondered upon by the family court. It solely depends upon the facts and circumstances surrounding the case.
Factors upon which it is calculated (when husband pays to wife)
• Income and all properties of the husband;
• Income and all properties of the wife;
• Conduct of the parties;
• Mandatory Deductions such as Income tax, loan and debt repayments, etc from the husband’s salary so as to arrive at his net income;
• Other ...
... liabilities also matter such as old-age parents, children, etc;
• Wife’s educational qualification and experience;
• Lifestyle and social status of the husband and wife;
• Expenses of the wife on food, clothing & shelter;
• The economic, financial and social status of the wife prior to separation;
• Expenses for the children for their upbringing including their education, medical,etc;
• Age and health of the spouses;
• Time duration of their marriage.
Online Legal Advice
Statutory Law References
Sec. 24, 25 of the Hindu Marriage Act, 1955
Sec. 125 of the Criminal Procedure Code, 1973.
Landmark Judgments
U. Sree v. U. Srinivas, (2013) 2 SCC 114
Shabana Bano v. Imran Khan (2010) 1 SCC 666
Danial Latifi & Anr v. Union of India (2001) 7 SCC 740
Important Things to Remember
• Alimony or maintenance can be claimed under Sec. 25 of HMA or Sec. 125 of CrPC;
• Alimony awarded to the wife mostly varies between 1/4th - 1/3rd of the income of the husband;
• Award of alimony can be modified or varied if there is any change of circumstances in the husband’s or wife’s life such as remarriage of the husband;
• The court will try to restore the lifestyle and social status of the wife prior to her separation from her husband;
• Custody of baby remains with her mother till she reaches the age of 5;
• Find a divorce lawyer before claiming alimony;
• Execute the agreement for alimony.
Add Comment
Legal Articles
1. Canada Express Entry Program 2026: A Complete Guide To Canada Pr For Skilled WorkersAuthor: Atul
2. Best Mh Cet Coaching In Kolkata: A Complete Guide To Law Entrance Exam Preparation
Author: Amrita
3. How A Dui Defense Attorney Can Help Protect Your Legal Rights
Author: Robert
4. How Much Does A Criminal Lawyer Cost In Brampton? Fees, Retainers And Legal Aid
Author: Ryan Parker
5. Truck Accidents Attorneys Chamblee, Ga
Author: George
6. Benefits Of Hiring A Miami Immigration & Criminal Attorney
Author: Robert
7. Key Factors To Consider When Choosing A Supreme Court Criminal Lawyer
Author: Robet
8. Best Coaching Institute For Clat: What To Look For In Classes, Faculty And Mock Tests
Author: Amrita
9. Last Will In Virginia
Author: Carl Glendon
10. Smaller Specialist Practices Need Access To Wider Legal Networks
Author: Top Lawyers Registry
11. Top Law Coaching In Kolkata: Important Benefits Of Expert Guidance And Regular Practice
Author: Amrita
12. New Zealand Occupation List 2026: Explore Skilled Jobs And Residence Pathways
Author: Atul
13. Can A Terminated Uae Employee Stay In Staff Accommodation Until Dues Are Paid?
Author: The Law Reporters
14. Australia Pr Visa 2026: Requirements, Eligibility And Skilled Visa Options
Author: Atul
15. Joint Venture Disputes: How A Joint Venture Arbitrator Can Protect Your Stake When A Partner Breaks The Deal
Author: Andy






