2025-11-28

Safety Net or Golden Handcuffs? Financially Independent Spouses are Being Denied Alimony & Maintenance In INDIA.

Summary of the Article

• Indian courts generally do not award alimony or maintenance to a spouse who is financially independent and capable of self-sustenance.

• Maintenance is not a right in all cases; it is a remedy against financial hardship. 

• Judges evaluate income, earning potential, conduct, lifestyle, and overall equity before deciding the quantum or eligibility.

During matrimonial disputes, one of the most common questions is Can a working spouse still claim alimony?

The short and simple answer is, not always.

Indian courts recognise that the marriage imposes a mutual duties, but post-separation, those duties transform into a duty of fairness, not lifelong financial dependency. Maintenance exists to ensure that a spouse does not face destitution — not to confer an undeserved financial advantage. The law says, therefore, balances compassion with practicality. Each case is decided on real financial need, supported by the evidence, not on any assumptions about gender or status.

What Indian Law Says 

Maintenance and alimony in India are governed by a combination of statutory provisions:

• Section 24 of the Hindu Marriage Act, 1955: As per Section 24 of the Hindu Marriage Act, 1955 it allows either spouse to seek maintenance pendente lite (temporary maintenance) during ongoing proceedings.

• Section 25 of the Hindu Marriage Act, 1955: As per Section 25 of the Hindu Marriage Act, 1955 it empowers courts to grant permanent alimony at the time of divorce, based on the circumstances of both the parties.

• Section 18 of the Hindu Adoptions and Maintenance Act, 1956: As per Section 18 of the Hindu Adoptions and Maintenance Act, 1956 it defines a Hindu wife’s right to maintenance while She is living separately under justified grounds.

• Section 144 of the The Bhartiya Nagrik Suraksha Sanhita 2023:   As per Section 144 of the The Bhartiya Nagrik Suraksha Sanhita 2023/Section 125 of the Code of Criminal Procedure, 1973. it provides a gender-neutral, secular remedy for maintenance to prevent destitution.

These sections operate within the broader framework of Articles 14 and 15(3) of the Constitution of India, which uphold equality before the law while permitting reasonable protective measures for those genuinely in need.

The underlying principle is simple: maintenance is based on need, not based on status.

Judicial View: When Alimony Is Not Granted

Courts across India have consistently observed that a spouse who is financially independent or capable of earning a reasonable income is not entitled to alimony.
Some key judicial precedents include:

• Kusum Sharma v. Mahinder Kumar Sharma (2015) 217 DLT 706 – Delhi High Court directed both parties to file detailed income affidavits to assess true financial capacity and prevent misuse of maintenance provisions.

• Manish Jain v. Akanksha Jain (2017) 15 SCC 801 – Supreme Court held that permanent alimony is not an instrument for equalising wealth; it is a measure to prevent destitution, considering the spouse’s own means and conduct.

Through these judgments, the judiciary has clarified that financial independence is a complete bar to claiming maintenance, unless exceptional hardship is proven.

Factors That Court Really Consider

When deciding whether maintenance or alimony should be granted, courts undertake a holistic financial and social assessment, including:

1. Actual Income and Resources: Salary slips, ITRs, business income, or any other financial returns.

2. Earning Capacity and Employability: Educational qualifications, work experience, and potential to earn.

3. Standard of Living During Marriage: Courts ensure the dependent spouse is not left in disproportionate hardship.

4. Conduct of the Parties: Good faith, concealment of facts, or voluntary unemployment are all relevant.

5. Dependents and Obligations: Children’s custody, healthcare, or care responsibilities influence the decision.

6. Duration of Marriage and Age: Short-term marriages with young, employable spouses often attract no alimony.

The judicial test, therefore, is capability over entitlement. The spouse must prove actual dependence and absence of means.

Challenges and Misuse

In several proceedings, the claim for maintenance is used tactically. Some litigants deliberately avoid employment or conceal their income to seek or demand higher maintenance. Courts have evolved strict scrutiny mechanisms directing parties to file Income Affidavits (per Delhi HC guidelines) and examining bank records, social media activity, and asset declarations.

This reflects the judiciary’s firm stand that maintenance law cannot be weaponised. It must remain a shield for the vulnerable, not a tool for unjust enrichment.

Step-by-Step Remedies / Actions

If You Are Opposing a Maintenance Claim:

1. Gather income evidence like payslips, ITRs, or employment records of the claimant.

2. Submit proof of their employability for example qualifications, work experience, LinkedIn profiles, or job offers.

3. File objections citing Section 24 or 25 of the Hindu Marriage Act, demonstrating capability to earn.

4. Request an affidavit of income, assets, and expenditure for transparent evaluation.

If You Are Seeking Maintenance:

1. Establishing genuine dependence  shows medical, caregiving, or unemployment reasons.

2. Submit detailed expense sheets and living costs.

3. Maintaining transparency concealment of income or property can lead to dismissal.

4. Seek interim maintenance under Section 24 if immediate relief is required.

Constitutional and Social Perspective

The Directive Principles of State Policy (Part IV of the Constitution, Articles 38 and 39) require the State to ensure social justice and equitable distribution of resources. Maintenance provisions are the statutory extension of this principle as a means to secure dignity, not dependency.

However, the courts balance these principles with Article 14’s equality mandate, ensuring that relief is not granted mechanically. A financially self-sufficient spouse does not fall under the category of “weaker section” for purposes of alimony.

Final Verdict:

Indian law on alimony is rooted in fairness, not charity. The principle is well-settled: a financially independent spouse cannot claim maintenance merely because of marital status.

Courts assess the totality of circumstances earning potential, standard of living, and real dependency before granting or refusing relief. The focus is always on preventing hardship without creating undue advantage.
Stay connected with Family Kanoon as we decode the difference between alimony and maintenance in our next article.

At Family Kanoon, we often remind clients that maintenance is about need, not entitlement. It is a bridge to independence, not a lifetime obligation.