In short. Permanent alimony under section 25 of the Hindu Marriage Act is a lump sum or periodic payment ordered at or after a decree, based on both spouses' income, assets, needs, standard of living and conduct. There is no fixed formula. In a mutual consent divorce it is usually agreed as a one-time, full and final settlement, paid in stages by the second motion.
Alimony is where most divorces either settle or stall. The legal principles are fairly simple, but the numbers depend on disclosure, and the settlement depends on what else is tied to it: stridhan, children, the house, and the criminal and domestic violence cases that often run alongside. A good settlement deals with all of these at once, in writing, with payment linked to each step.
This post is about the final money settlement. For the wider set of family remedies, see our page on family and divorce law. If your question is about money during the case rather than at the end, read our post on how courts decide interim maintenance for a wife.
- The law
- Section 25, Hindu Marriage Act 1955; section 37, Special Marriage Act 1954
- Who can claim
- Under the Hindu Marriage Act, either the wife or the husband
- When
- At the time of the decree or any time after it, on application
- Form
- A gross sum or periodic payments, which can be secured on immovable property
- Change later
- Can be varied on changed circumstances or rescinded on remarriage, section 25(2) and (3)
- Disclosure
- Both sides file affidavits of assets and income, Rajnesh v Neha (2020)
What is permanent alimony, and how is it different from maintenance?
Permanent alimony is the money settled at the end of a divorce, judicial separation or nullity case for the support of a spouse. Maintenance is the broader word, and Indian law has several kinds of it running on parallel tracks: interim maintenance under section 24 of the Hindu Marriage Act while the case is pending, maintenance under section 144 of the BNSS from the magistrate, and monetary relief under section 20 of the Domestic Violence Act. Permanent alimony under section 25 is the one that is meant to last beyond the marriage.
Section 25 gives the court a wide discretion. At the time of passing any decree, or at any time afterwards, it may order one spouse to pay the other a gross sum or a monthly or periodical sum for a term not exceeding the life of the applicant. The court looks at the income and property of both, the conduct of the parties and the other circumstances of the case, and it may secure the payment by a charge on the paying spouse's immovable property.
Because these remedies overlap, courts adjust one against the other. In Rajnesh v Neha (2020) the Supreme Court said that where maintenance has been ordered in one proceeding, the court in a later proceeding must take it into account, so that the same person is not paid twice for the same period. When a one-time settlement is reached, it usually replaces all of these claims together.
Who can claim permanent alimony, and when?
Under the Hindu Marriage Act, either spouse can claim. The section speaks of 'the applicant' and 'the respondent', not of wife and husband, and a husband without income or property who depended on a wife with substantial earnings can apply. Such claims are less common and are scrutinised for genuine need, but the law allows them. The Special Marriage Act is narrower: section 37 provides for the husband to secure alimony for the wife.
The claim can be made in the divorce petition itself, in the written statement, by a separate application at the decree stage, or after the decree. A spouse who did not claim alimony during the divorce case has not necessarily lost the right; an application can be made later, though delay and the circumstances at that time will affect the outcome. Alimony can also be claimed when a marriage is annulled. In Sukhdev Singh v Sukhbir Kaur (2025), a Constitution Bench of the Supreme Court held that a spouse whose marriage is declared void under section 11 can seek permanent alimony under section 25, depending on the facts and the conduct of the parties. Our post on void and voidable marriages explains when annulment applies.
Muslim personal law has its own scheme. The Muslim Women (Protection of Rights on Divorce) Act 1986 requires a reasonable and fair provision for the divorced wife, and in 2024 the Supreme Court confirmed that a divorced Muslim woman can also claim maintenance under the general law, now section 144 of the BNSS. Christian and Parsi marriages are governed by their own statutes, which provide for alimony on broadly similar principles.
How is permanent alimony calculated in India?
There is no formula. Courts are often asked whether alimony is a fixed share of salary, and the honest answer is that it is not. For monthly maintenance, courts have frequently treated around a quarter of the paying spouse's net income as a reasonable starting point, but that figure moves up or down with the facts, and it is not a rule for a lump sum.
What the courts do apply is a set of factors. In Rajnesh v Neha (2020) the Supreme Court required both sides to file affidavits disclosing their assets, income and liabilities, and listed the considerations for fixing maintenance. In Parveen Kumar Jain v Anju Jain (2024) it set out the factors for permanent alimony in particular: the social and financial status of the parties; the reasonable needs of the wife and dependent children; each party's qualifications and employment; any independent income or assets of the applicant; the standard of living in the matrimonial home; any career sacrifices made for the family; reasonable litigation costs for a spouse who is not working; and the paying spouse's financial capacity, including his income, other maintenance obligations and liabilities.
The same judgment made a point that both sides should hear. Permanent alimony is not meant to penalise the paying spouse, nor to equalise wealth. It is meant to ensure that the dependent spouse can live with dignity, at a standard reasonably close to the one she had during the marriage. Courts will look at the length of the marriage, the age and health of the claimant, whether she can realistically return to work, and who will be bringing up the children.
For a lump sum, courts and mediators often work from the monthly figure that would otherwise be paid, then think about how many years of that support the lump sum should represent, given the claimant's age, prospects and the length of the marriage. Property already owned by the claimant, stridhan returned to her and any house transferred to her all count in the calculation.
The factors courts weigh, and the evidence that proves them
Alimony is decided on evidence, not on assertions. This table maps each factor to the documents that usually decide it.
| Factor | What the court asks | Evidence that helps |
|---|---|---|
| Paying spouse's income | What does he or she really earn, including bonuses and side income? | ITRs for 3 years, Form 16, salary slips, business accounts, GST returns |
| Claimant's income | Is there independent income, and is it enough? | Salary slips or proof of no employment, bank statements, ITRs |
| Assets of both | What property, investments and savings exist? | Property papers, demat and mutual fund statements, FD receipts, vehicle RCs |
| Standard of living | How did the couple live during the marriage? | Rent or EMI, school fees, travel, card statements, photographs |
| Needs of the claimant and children | What does a dignified life now cost? | Expense statement, medical records, children's fee receipts |
| Career sacrifice | Did the claimant give up work or a career for the family? | Earlier appointment letters, resignation letter, qualifications |
| Liabilities | What does the paying spouse genuinely owe? | Loan statements, dependent parents' needs, other maintenance orders |
| Duration and age | How long was the marriage, and can the claimant rebuild? | Marriage certificate, age proof, health records |
Hidden income is the most common fight. A spouse whose ITR shows a modest salary but who drives an expensive car, pays high school fees and travels abroad will find the court looking at the lifestyle rather than the return. Bank statements usually tell the real story.
Lump sum or monthly payments: which is better?
For most couples who are separating for good, a lump sum is cleaner. It ends the financial relationship, removes the need to chase monthly payments through execution proceedings, and lets both people move on. A wife receiving a lump sum can invest it or buy a home; a husband paying one knows the exact cost of ending the marriage and is free of later applications to increase it.
Monthly payments make more sense where the paying spouse cannot raise a large sum, where the claimant is older or unwell and needs a reliable income, or where there is real doubt that a lump sum would be managed well. The risk for the claimant is default; the risk for the payer is an application under section 25(2) to increase the amount years later as his income grows.
Some settlements combine the two: a lump sum for the wife, and monthly maintenance for the children until a set age or event, sometimes with a fixed annual increase. That structure respects the fact that a child's right to maintenance belongs to the child and continues regardless of what the parents agree about each other.
What is a one-time settlement in a mutual consent divorce?
A one-time settlement is an agreed, full and final payment that closes every money claim between the spouses: alimony, past and future maintenance, stridhan, and often property. In a mutual consent divorce under section 13B of the Hindu Marriage Act, the court does not fix alimony; the parties agree it, and the agreement is recorded in the first and second motion statements and reflected in the decree.
In Delhi, most such settlements are worked out at the mediation centre in the district court complex, and the terms are written into a settlement agreement signed by both spouses and the mediator. That agreement then becomes the foundation of the joint petition. Our post on mutual consent divorce in Delhi explains the steps and documents, and the post on waiver of the six-month cooling period explains when the second motion can be brought forward.
'Full and final' is not just a phrase. It means each side gives up any further claim covered by the agreement, in return for what the agreement provides. That is why the agreement has to name every claim it settles and every case it ends. A vague settlement that says only 'all disputes are settled' invites a fresh case a year later.
What should a full and final settlement agreement cover?
A settlement that leaves out one of these points is the most common source of trouble after a divorce.
- The amount and the schedule. State the total, the number of instalments, the amount of each, and the stage at which each is paid, such as the first motion, the second motion and the quashing of any FIR.
- The mode of payment. Demand drafts handed over in court, or bank transfers recorded in the order sheet, are safer than cheques. Post-dated cheques create a cheque bounce case if anything goes wrong, which helps nobody.
- Stridhan and articles. List the jewellery, gifts and household items, say who keeps what, and record that the rest has been returned. Our post on recovering stridhan after separation explains why a precise list matters.
- Property. If a flat or plot is being transferred, say how: by a registered sale or gift deed, by surrender of rights, or by a decree. Deal with pending EMIs, society dues and who pays stamp duty.
- Children. Custody, visitation, school and medical costs, and children's maintenance should be dealt with separately from the wife's alimony, in clear terms.
- Pending cases. Name every case by court and number: maintenance, DV Act application, FIR, cheque cases, civil suits. Say who will withdraw or seek quashing, and when.
- No further claims. Record that the settlement covers all claims for maintenance and alimony, past and future, and that neither side will file fresh cases on the same facts.
- Default. Say what happens if an instalment is not paid, for example that the other side may proceed with the pending cases or seek enforcement of the agreement.
How a one-time settlement is paid and recorded in Delhi
This is the usual sequence where a couple settles everything and files for mutual consent divorce.
Exchange disclosure
Before agreeing a figure, both sides should exchange income and asset details, ideally in the format of the Rajnesh v Neha affidavit. Agreeing a number without seeing the other side's finances is the mistake people most often regret.
Negotiate in mediation
Most settlements are reached at the court's mediation centre, where the mediator records the agreed terms in a written settlement agreement signed by both spouses.
File the first motion with the first instalment
The joint petition under section 13B is filed, both spouses make statements before the family court, and the first instalment is usually paid by demand draft in court and recorded in the order sheet.
Withdraw the parallel cases
Maintenance and DV Act cases are withdrawn on the agreed terms. A cruelty FIR under section 85 of the BNS is not compoundable, so the parties jointly ask the High Court to quash it under section 528 of the BNSS on the basis of the settlement.
Second motion and the balance
At the second motion, after six months or earlier if the court waives the period, both spouses confirm their consent, the balance is paid in court, and the family court passes the divorce decree.
Complete the property and paperwork
Any property transfer is registered, original documents are handed over, and each side keeps certified copies of the decree, the settlement agreement and the orders in the withdrawn cases.
The order of steps matters because it protects both sides. The payer does not pay everything before the cases are ended, and the payee does not give up her cases before she has been paid.
How do you protect the money in a settlement?
The safest payment is the one made in front of the judge. A demand draft handed over at the first or second motion and noted in the order sheet leaves no room for dispute about whether it was paid. Large amounts are often split so that a part is paid at each stage, matching the steps the other side has to take.
Where a High Court quashing petition is part of the deal, the payment for that stage is often handed over when the quashing order is passed, or kept with the advocates on both sides on agreed terms. If a spouse withdraws consent before the second motion after receiving part of the money, the agreement should say what happens to that amount; courts have dealt with this in various ways, and a clear clause avoids an argument.
When Advocate B.K. Singh reviews a draft settlement, he reads the payment schedule against the list of cases first, because most broken settlements fail at exactly that point: one side has paid or withdrawn before the other has done its part. A schedule that links each payment to a recorded court step rarely goes wrong.
A made-up example: settling everything in one agreement
Here is a made-up example. Rahul, a software engineer in Noida earning a good salary, and Priya, who left her job after their son was born, separated in 2025 after eight years of marriage. Priya had filed for maintenance under section 144 of the BNSS and a DV Act application in Delhi, and an FIR for cruelty had been registered at her instance. Their son, now six, lives with her.
In mediation at the Saket mediation centre, both sides exchanged income and asset affidavits. They agreed on a lump sum for Priya, paid in three parts: one at the first motion, one when the High Court quashed the FIR, and the last at the second motion. Rahul would pay a fixed monthly amount for their son's maintenance, with an increase every two years, plus half of school and medical costs. Priya's jewellery, listed item by item, was returned at the first mediation session, and a joint car loan was cleared by Rahul.
The agreement named the maintenance case, the DV case and the FIR by number, set out weekend and holiday visitation for Rahul, and recorded that neither would file further claims. Because each payment was tied to a recorded court step, neither side carried the risk of the other backing out. The amounts in a case like this depend entirely on the disclosed finances; the structure is the part worth copying.
Can alimony be changed or reopened later?
Court-ordered alimony can be changed. Section 25(2) of the Hindu Marriage Act lets either party apply to vary, modify or rescind the order if circumstances have changed, for example a sharp fall in the payer's income or serious illness of the recipient. Section 25(3) allows the court to rescind the order if the recipient remarries, and in certain cases of conduct after the decree. Periodic payments are therefore never entirely final.
A one-time settlement in a mutual consent divorce is a different matter. Once a spouse has accepted a lump sum as full and final, in an agreement recorded by the court, courts generally hold her or him to it. Attempts to claim more years later usually fail, unless the settlement was obtained by fraud, coercion or concealment of assets. Remarriage does not require a lump sum already paid to be returned.
The one claim a parent cannot settle away is the child's. A child's right to maintenance is the child's own. A mother who agreed to accept nothing for the child, or a small sum, cannot bind the child, and courts have entertained later claims by or on behalf of children where the agreed amount proved inadequate. This is why children's maintenance should be dealt with realistically in the agreement, and why our post on child custody after divorce is worth reading alongside this one.
Is alimony taxable, and is stamp duty payable on property transfers?
The general position under income tax law has been that a one-time lump sum received as alimony is treated as a capital receipt and is not taxed as income in the hands of the recipient, while regular monthly payments are treated as income. That position comes from tax tribunal decisions rather than an express provision. The new Income-tax Act 2025 has been in force since 1 April 2026, so have a chartered accountant check the current treatment before the agreement is signed.
Property transfers need separate care. A flat transferred from one spouse to the other under a settlement may need a registered deed and stamp duty under the law of the state where the property is, and the tax treatment of income from that property afterwards depends on how and why it was transferred. Where the transfer is part of a court decree, check whether registration is still needed. These questions are cheaper to answer before signing than after.
How is alimony decided in a contested divorce or by the Supreme Court?
In a contested divorce, the family court decides alimony at the end, on the evidence. Each side files its income and asset affidavit, the claimant proves her needs and the other side's income, and the court applies the factors described above. The decree states the amount and how it is to be paid. Either side can appeal to the High Court, and alimony is frequently the main issue in such appeals.
When the Supreme Court dissolves a marriage on the ground of irretrievable breakdown under Article 142 of the Constitution, it almost always fixes a one-time alimony at the same time, so that the dissolution does not leave the dependent spouse without support. Our post on irretrievable breakdown of marriage after Shilpa Sailesh explains when that route is used.
Documents for an alimony claim or settlement
Claimant, payer or negotiator, you will need the same documents, because they decide the figure. Start collecting them early.
Income
- Income tax returns for the last three years
- Form 16 and salary slips for the last six months
- Business accounts, GST returns and partnership deeds
- Rental income and agreements
- Pension or interest statements
Assets and liabilities
- Sale deeds, allotment letters and property tax receipts
- Bank, demat, mutual fund and PPF statements
- Vehicle registration certificates
- Loan statements and EMI schedules
- Insurance policies with surrender values
Needs and lifestyle
- Monthly expense statement with receipts
- Children's school and coaching fee receipts
- Medical records and bills
- Rent agreement or proof of housing costs
- Evidence of career given up, such as old appointment letters
What mistakes do people make with alimony settlements?
The first is agreeing a number before seeing the other side's finances. A figure that feels generous on a salary slip can look small once the rental income and the second flat come to light, and once a full and final settlement is recorded, it is very hard to reopen.
The second is a loose agreement. 'All disputes settled' does not end a DV case or an FIR; only the specific orders in those cases do. Vague stridhan clauses lead to fresh complaints, and a property promise without a registered document is only a promise. Husbands sometimes make the mirror-image mistake of paying the whole amount at the first motion and then finding that consent is withdrawn before the second.
The third is ignoring the children and the family members who are accused in the FIR. A settlement that frees the husband but leaves his parents named in a cruelty FIR is incomplete; our post on cruelty cases against the husband's family explains why. And a settlement that pretends the children need nothing will not hold.
Before you sign a settlement agreement
- Both sides have exchanged income and asset details, and you have checked them against bank statements.
- The total amount, each instalment and the court stage for each payment are written down.
- Payment is by demand draft or recorded bank transfer, not post-dated cheques.
- Every pending case is named, with the court, case number, and who will withdraw or seek quashing.
- Stridhan and household articles are listed item by item.
- Any property transfer states the document, the stamp duty, and who pays outstanding loans.
- Children's maintenance, custody and visitation are dealt with separately and realistically.
- There is a clause on what happens if either side defaults or withdraws consent.
- A chartered accountant has looked at the tax effect of the payments and any transfer.
- You have read the final draft yourself, slowly, before signing.
When should you not settle, and what to do this week
Do not settle while the other side is refusing to disclose income, or while you are under pressure to sign the same day. Do not accept a one-time settlement that leaves you with no realistic way to support yourself, especially after a long marriage in which you gave up work. And do not pay a large sum against a vague promise to withdraw cases. In each of these situations, a contested claim, with interim maintenance in the meantime, may be the safer course even though it takes longer.
This week, gather three years of financial documents, list every pending case with its next date, and write down what you actually need each month. That list does more for a negotiation than any argument. A practical point Advocate B.K. Singh often makes to clients is that the settlement figure is only half the agreement; the other half is the order in which money and court steps are exchanged.
If you have a draft settlement or a maintenance order and want it read before you sign or reply, you can share it through our online enquiry form. Our team, including Advocate Sadhna Singh, who handles much of the firm's family work, can tell you what is missing. For how these cases run in Delhi's family courts more generally, see our page on divorce cases in Delhi.
Frequently asked questions
What is the difference between alimony and maintenance?
Maintenance is the general term for financial support between spouses and can be interim, during a case, or ongoing under section 144 BNSS. Permanent alimony is the support fixed at the end of a divorce, separation or nullity case under section 25 of the Hindu Marriage Act, either as a lump sum or as periodic payments.
Is there a fixed percentage of salary for alimony in India?
No. Courts often treat about a quarter of the paying spouse's net income as a starting point for monthly maintenance, but there is no fixed percentage for alimony. The amount depends on both incomes, assets, needs, the standard of living, the length of the marriage and the children's needs.
Can a husband claim alimony from his wife?
Yes, under the Hindu Marriage Act. Sections 24 and 25 refer to either spouse, so a husband without sufficient income or property can claim maintenance and alimony from a wife who earns. Courts look closely at whether the husband is genuinely unable to support himself.
Is one-time alimony better than monthly maintenance?
For most couples separating for good, a lump sum is cleaner because it ends the financial relationship and avoids enforcement cases. Monthly payments can suit a claimant who needs steady income or a payer who cannot raise a large sum. Many settlements combine a lump sum for the spouse with monthly support for children.
Can a wife claim more alimony after a full and final settlement?
Generally not. Once a lump sum has been accepted as full and final in a mutual consent divorce recorded by the court, courts usually hold the parties to it. A settlement obtained by fraud, coercion or hidden assets can be challenged, and children's maintenance can be revisited because it is the child's own right.
Does alimony stop if the wife remarries?
Periodic alimony can be rescinded under section 25(3) of the Hindu Marriage Act if the recipient remarries, on the application of the paying spouse. A lump sum already paid is not returned on remarriage. Children's maintenance is not affected by either parent's remarriage.
Is alimony taxable in India?
The general position has been that a one-time lump sum alimony is a capital receipt and not taxable for the recipient, while regular monthly payments are taxed as income. This comes from tribunal decisions, and the Income-tax Act 2025 now applies, so ask a chartered accountant to confirm the treatment for your case.
How is alimony paid in a mutual consent divorce?
Usually in instalments linked to court stages: one part at the first motion, sometimes one when a related FIR is quashed, and the balance at the second motion. Payment is normally by demand draft handed over in court and recorded in the order sheet, which protects both sides.
Can alimony be claimed after the divorce decree?
Yes. Section 25 allows an application at the time of the decree or at any time after it. A spouse who did not claim alimony during the divorce can apply later, though the delay and the circumstances at the time of the application will affect what the court awards.
Can alimony be granted if the marriage is declared void?
Yes. In Sukhdev Singh v Sukhbir Kaur (2025), a Constitution Bench of the Supreme Court held that a spouse whose marriage is declared void under section 11 of the Hindu Marriage Act can seek permanent alimony under section 25 and interim maintenance under section 24, depending on the facts and conduct.
Should stridhan be counted as part of alimony?
No. Stridhan belongs to the wife and must be returned to her regardless of alimony. In a settlement it should be listed separately, item by item, with a record of what has been returned, so that it is not confused with the alimony amount.
Can the FIR against my family be closed as part of the settlement?
A cruelty FIR under section 85 of the BNS is not compoundable, so it cannot simply be withdrawn. On a genuine settlement, the parties can jointly ask the High Court to quash it under section 528 of the BNSS, and the settlement should link a payment to that step.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.