This page sets out, in general terms, how common questions on how courts decide permanent alimony works under Indian law.
Before the frequently asked questions
In Kiran Jyot Maini v Anish Pramod Patel (15 Jul 2024), the Supreme Court held that maintenance should reflect the standard of living enjoyed during the marriage.
As a general rule, in a December 2024 ruling (Parvin Kumar Jain v Anju Jain), the Supreme Court set out around eight factors relevant to permanent alimony and made a ₹5 crore award on the facts of that case.
Frequently asked questions
What does the Supreme Court consider when deciding alimony?
Recent rulings point to a range of factors, including the standard of living during the marriage (Kiran Jyot Maini, 15 Jul 2024) and provision for inflation through periodic increases (Rakhi Sadhukhan, 29 May 2025), among other factors set out in a December 2024 ruling.
Can a Muslim woman claim maintenance under the general law, not just personal law?
Yes. The Supreme Court held in Mohd Abdul Samad v State of Telangana (10 Jul 2024) that the general maintenance provision (now BNSS s.144) is available to Muslim women, including after divorce, alongside any remedy under the Muslim Women (Protection of Rights on Divorce) Act.
For a fuller explanation, see Interim Maintenance: What Rajnesh v Neha Requires and Mutual-Consent Divorce in India: How It Works.
Where this applies to a live matter, it is usually worth discussing it in a consultation before acting.
This page is general information about the law in India and is not legal advice. The position can vary with the facts, so it is worth getting advice on your specific situation.
This page provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.