Author: Divay Nair, JECRC University, Jaipur
Ramesh and Kavita got married at 25. Seven years later, they found themselves in court—emotionally exhausted and financially drained. Both had similar jobs and nearly equal salaries, but Ramesh was told to pay hefty alimony for years to come. Why? Because that’s just how the system has worked for decades. But in 2025, is this still the norm? Or is India’s legal system finally moving toward fairness and economic equality?
Let’s break down how alimony and maintenance really work in India today and what recent court decisions suggest about the future.
The Legal Basics: What Does the Law Say?
India has a complex set of laws that govern maintenance:
Section 125 of the Criminal Procedure Code (CrPC), 1973: This is a secular provision. It says that any person with sufficient means must support their wife, children, or elderly parents if they cannot maintain themselves.
Personal Laws: Different religions have their own rules. For example, the Hindu Marriage Act (Sections 24 & 25), Special Marriage Act, and the Muslim Women (Protection of Rights on Divorce) Act, 2019.
In the landmark case Rajnesh v. Neha (2020), the Supreme Court laid out a clear checklist for income disclosure and said that maintenance should be “realistic,” not exaggerated or symbolic.
However, in practice, husbands are still the default payers, regardless of the wife’s financial status.
What’s Changed Recently? Supreme Court’s 2024–2025 Rulings
In the past few months, the Supreme Court has made some significant decisions:
Amutha v. A.R. Subramanian (Dec 2024)
The Court granted ₹50 lakh as a one-time alimony payment to a woman who was financially independent. The judges said that even working women deserve dignity after a long marriage.
Divorced Wife v. Ex-Husband (May 2025)
A High Court’s older decision was updated. The Supreme Court ordered ₹50,000 per month in maintenance, plus a 5% hike every two years and transfer of the matrimonial home. The reason? The earlier amount did not meet today’s high cost of living.
Here, the marriage was declared null because it was bigamous. Still, the Court awarded permanent alimony to the wife, stressing that Section 25 of the Hindu Marriage Act is gender-neutral, even if the marriage itself was invalid.
These rulings make two things clear:
Maintenance is not a punishment; it’s meant to help someone live with dignity after a breakup.The Court wants to treat both genders equally, at least in theory. Are the Laws Truly Gender-Neutral?
Technically, yes. But in reality, the picture is mixed:
Section 125 CrPC talks about “any person” giving maintenance. But it only allows wives, children, and parents to receive it—not husbands.
Section 24 of the Hindu Marriage Act is gender-neutral, and courts have sometimes granted maintenance to men. For instance, in Chetram Mali v. Karishma Saini (2023), the Delhi High Court acknowledged this.
However, only about 2% of maintenance claimants are men, according to court records. Why? Because many men feel ashamed or fear social judgment if they ask for support—even when they need it.
Why Fairness in Maintenance Matters More Than Ever
More Women Are Working in urban areas, dual-income families are common. So assuming that only men must pay is unfair and outdated.
In the May 2025 ruling, the husband said he was also supporting kids from a second marriage and his elderly parents. But the Court focused only on the first wife’s needs. Without a clear formula, one person may be financially ruined to support another.
Constitutional Equality. Article 14 of the Constitution promises equality. Cases like Joseph Shine and Shayara Bano have already warned against laws based on outdated gender roles.
Recent Judicial Course-Corrections (2024–2025): What the Courts Have Said
Over the last year, Indian courts—especially the Supreme Court—have taken some important steps to make alimony and maintenance laws more balanced and fair. Here’s a simple breakdown of the key cases and what they mean:
1. Amutha v. A.R. Subramanian, 2024 INSC 1033 (19 Dec 2024) Source: citecase.in
In this case, the Supreme Court granted ₹50 lakh as a one-time alimony to a woman—even though she was financially independent and had a good job.
Why it matters:
This judgment clearly says that just because a woman earns doesn’t mean she doesn’t deserve support after a long marriage. The court emphasized that alimony is about dignity and closure, not just money. So even financially independent women may be entitled to compensation if they’ve given years to a relationship.
2. Sukhdev Singh v. Sukhbir Kaur, 2025 INSC 197 (12 Feb 2025) Source: scobserver.in
Here, the marriage was declared null and void because the husband was already married to someone else—it was a bigamous marriage. Still, the Court ordered that the woman receive ₹50,000 per month, with a 5% raise every two years, and transfer of the matrimonial home to her.
Why it matters:
This is a very important case because the Court clarified that even if the marriage is legally invalid, a woman can still claim permanent alimony. The Court said that Section 25 of the Hindu Marriage Act is gender-neutral and applies to any marital decree—whether it’s divorce, separation, or nullity. It shows that the Court is trying to do what’s fair—even when the situation isn’t straightforward.
3. Chetram Mali v. Karishma Saini, 2023:DHC:8322-DB (21 Nov 2023) Source: indiankanoon.org
In a rare but important move, the Delhi High Court stepped in to support the husband by granting him interim maintenance under Section 24 of the Hindu Marriage Act. The husband was earning less than his wife and needed financial help during the court case.
Why it matters:
This case proves that men can also claim maintenance if they are genuinely in need and the wife earns more. The law allows this, but very few men take this step due to social stigma or lack of awareness. This judgment gives a strong example that financial support should be based on need, not gender.
4. Rajnesh v. Neha – Reaffirmed in Later Judgments Source: scconline.com
While this is an older Supreme Court decision (2020), it continues to be quoted in nearly every recent case. The Court in Rajnesh v. Neha [(2021) 2 SCC 324] had issued a detailed checklist for maintenance claims. It required both parties to submit income affidavits, declare assets and liabilities, and provide full financial transparency.
Why it matters:
This case created a standard procedure for calculating maintenance amounts. The idea is to make the process fair, evidence-based, and uniform across courts. Many recent benches continue to re-circulate and follow the Rajnesh checklist, showing how influential the decision still is.
A Fairer Way Forward: What Can Be Done?
Here are four practical steps that could make the system more just:
1.) Income-Based Calculation
Maintenance should be based on the higher-earning spouse’s income after taxes and necessary expenses—not gender.
2.) Cap & Floor System
Put a cap (say, 40% of net income) and a minimum floor based on the cost of living in each state. This ensures dignity but avoids making it a windfall.
3.) Automatic Adjustments
Update the amount every two years to match inflation and life changes—just like the Court did in May 2025.
4.) Stronger Enforcement
Fast-track courts should handle these cases. Penalize defaulters strictly—but also punish false claims to avoid misuse.
Conclusion: Law Needs to Match Reality
The recent Supreme Court decisions mark a step in the right direction. They show that maintenance is about need, not gender, and should ensure dignity—not punishment. But unless Parliament updates the laws to reflect this new thinking, things will remain inconsistent.
It’s time we calculate maintenance with math, not outdated myths.
FAQs
Q1: Can men claim maintenance from their wives in India?
Yes, under Section 24 of the Hindu Marriage Act, men can claim interim maintenance if they earn less than their wives. However, very few men file such claims due to stigma.
Q2: Is a working woman entitled to alimony?
Yes. Courts may still award maintenance if the woman, despite earning, cannot maintain the standard of living she had during the marriage—especially after a long relationship.
Q3: How is the maintenance amount decided?
It’s based on the paying spouse’s income, living expenses, and financial responsibilities. Courts also consider the recipient’s needs and the lifestyle during marriage.
Q4: Can maintenance be revised later?
Yes. The amount can be increased or decreased based on changes in income, cost of living, or personal circumstances like remarriage
