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Chahal-Verma divorce: How do Indian courts calculate alimony? Can men get it? Key questions answered

Chahal-Verma divorce: How do Indian courts calculate alimony? Can men get it? Key questions answered

There is no one-size-fits-all formula. Courts assess several factors before awarding maintenance or alimony

Divorce settlements in focus after Chahal pays ₹4.75 crore—here’s how alimony works in India Divorce settlements in focus after Chahal pays ₹4.75 crore—here’s how alimony works in India

The divorce of Indian cricketer Yuzvendra Chahal and choreographer Dhanashree Verma has sparked fresh public interest in the way Indian courts calculate alimony. The Mumbai family court granted the couple a divorce on March 20, with Chahal agreeing to pay ₹4.75 crore as part of the settlement. The case has drawn attention not just for its high-profile nature, but also for the financial payout involved—prompting many to ask: how is alimony decided in India?

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How is alimony calculated in India?

There is no one-size-fits-all formula. Courts assess several factors before awarding maintenance or alimony. These include:

  • Financial standing of both spouses

  • Earning potential and qualifications

  • Standard of living during the marriage

  • Contributions made by either spouse to household or career sacrifices

  • Responsibilities toward dependents like children or elderly parents

  • Health conditions or disabilities

  • Liabilities and financial obligations of the paying spouse

“Alimony in Indian divorce cases isn't a straitjacket formula. Courts decide based on several factors such as the financial standing of both spouses, their earning potential, and contributions to the marriage,” — Nikita Anand, Family Law Advocate and Partner, Magnus Legal Services LLP

What else do courts consider?

“The court considers several factors, including the income of both parties, conduct during the marriage, social and financial status, personal expenses, and responsibilities towards dependents,”— Srisatya Mohanty, Advocate-on-Record, Supreme Court of India

He added that the quality of life a spouse enjoys during marriage plays a major role and that alimony cases often reach the Supreme Court due to their subjective nature.

In the 2024 case Parvin Kumar Jain vs Anju Jain, the Supreme Court laid down specific factors for deciding permanent alimony:

  • Social and financial status of both spouses

  • Reasonable needs of the wife and dependent children

  • Employment status and qualifications

  • Independent income or assets

  • Standard of living during marriage

  • Sacrifices made for family responsibilities

  • Legal expenses for a non-working spouse

  • Financial capacity of the husband

The court also issued a caution against misuse of women-centric laws, noting that alimony is meant to protect, not punish.

Can men also get alimony?

Yes—though rare, men can claim alimony under certain laws:

  • Hindu Marriage Act (Sections 24 & 25) – Gender-neutral

  • Special Marriage Act, 1954 – Provides similar scope

  • Other laws like the Hindu Adoption and Maintenance Act and the Domestic Violence Act mainly favour wives

“A husband can get alimony only under exceptional circumstances. He must prove he was financially dependent on his wife due to a valid reason, such as a disability preventing him from earning,”
— Srisatya Mohanty

However, such claims are rare, and courts strictly verify them based on facts.

Meanwhile, western nations use gender-neutral, formula-driven models. India takes a case-by-case approach told Anshuman Singh, Advocate-on-Record, Patna High Court

He added that India follows a fault-based divorce system, unlike the no-fault approach seen in many Western nations.

(With inputs from Sonu Vivek)

Disclaimer: The views, opinions, recommendations, and suggestions expressed by experts in this article are their own and do not reflect the views of Business Today.

Published on: Mar 21, 2025, 3:01 PM IST
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