Who Pays Whom? Inside India’s Alimony Battles & Courtroom Decisions
When courts decide alimony, they look at the facts carefully to be fair, not to punish anyone.
By Sohail Hasan
Alimony disputes in India are becoming a big problem as more couples divorce, and "fire divorce" cases grab attention. Courts try to help the spouse who needs money without putting too much pressure on the one paying, but there’s no fixed rule for deciding alimony, so results can be very different each time, leading to arguments. The laws in India depend on religion and some general rules.
For example, the Hindu Marriage Act, 1955, says under Section 24 that either spouse can ask for money during the case if they don’t earn enough, and Section 25 allows permanent alimony based on things like income, behaviour, and how long the marriage lasted. There’s also Section 125 of the Code of Criminal Procedure, 1973 (CrPC), which applies to everyone and says a wife, kids, or parents who can’t support themselves can get money, with a Supreme Court decision in 2020 making sure both sides share their financial details honestly.
Other laws, like the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Indian Divorce Act, 1869, the Special Marriage Act, 1954, and the Protection of Women from Domestic Violence Act, 2005, also help people from different communities get support.
How Does The Court Make A Decision?
When courts decide alimony, they look at the facts carefully to be fair, not to punish anyone. They check the husband’s income, the wife’s savings or earnings, and whether she gave up her job to take care of the family. They also think about the lifestyle the couple had during marriage so the person getting alimony can live similarly after divorce.
Courts look at whether the person asking for money can work and earn, and they check the behaviour of both sides, like if there was cruelty or if someone left the other. A High Court decision in 2016 lowered alimony because the wife could work and the marriage was short. Courts can say no to alimony if the person asking for it did something wrong, like cheating, as per Section 25 of the Hindu Marriage Act, or if they have enough money already, as a Supreme Court ruling in 2008 said under Section 125 CrPC.
Other reasons to say no include leaving the spouse without a good reason, being cruel, getting remarried, having a very short marriage, or lying about income, like in a 2023 Bombay High Court case where a Rs 50 lakh demand was cancelled because the wife hid her business earnings.
Major Cases
Some big cases show how serious alimony disputes can be. Cricketer Yuzvendra Chahal had to pay Rs 4.75 crore to Dhanashree Verma in their March 2025 Mumbai court settlement, even though she earns as a choreographer, which made people question if it was fair. There are also unconfirmed reports that Hrithik Roshan paid Sussanne Khan Rs 400 crore after their 2014 divorce, showing how huge amounts can be in celebrity cases.
On the other hand, Atul Subhash, a Bengaluru tech worker earning Rs 40,000 a month, was told to pay Rs 2 lakh upfront and Rs 25,000 monthly, which he couldn’t afford, and sadly took his life in December 2024. There’s also something called reverse alimony, where a husband asks for money from the wife. This is allowed under laws like Sections 24 and 25 of the Hindu Marriage Act, which don’t care about gender.
A High Court ruling in 2011 gave money to a husband because the wife earned more, and a Supreme Court decision in 2022 supported this idea, but it’s rare because society expects men to earn, and the husband has to prove he really needs the money.
Courts are trying to fix problems in alimony cases. A Supreme Court ruling in 2020 said both sides must share their financial details to stop fake claims, and in December 2024, another decision cut a Rs 25 crore demand to Rs 12 crore, saying no to copying big settlements. In January 2025, the court said alimony shouldn’t be used to pressure someone.
People suggest new ideas like limiting alimony to 25 per cent of the payer’s income, setting a time limit, or using talks instead of court fights. Celebrities like Kalki Koechlin, who didn’t take alimony after her 2019 divorce from Anurag Kashyap, show a new way of thinking. As India changes, alimony laws need to keep up with women earning more and families looking different. Having clear rules, better guidelines, and more talks could make things less messy and more fair for everyone.
(The author is a Delhi High Court advocate from Jotwani Associates)
Disclaimer: The opinions, beliefs, and views expressed by the various authors and forum participants on this website are personal and do not reflect the opinions, beliefs, and views of ABP Network Pvt. Ltd.
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