Financial & Support Matters: Our Advisory Services

Alimony & Spousal Maintenance

A spouse’s right to maintenance following divorce is recognised across all personal laws in India. Under the Hindu Marriage Act 1955, Section 25 provides for permanent alimony and maintenance on or after the passing of any decree. The amount is determined by the court having regard to both parties’ income and property, their conduct, and any other relevant circumstances. Maintenance may also be claimed under the Hindu Adoption and Maintenance Act 1956, and under Section 125 of the Code of Criminal Procedure 1973 (currently Section 144 of the Bharatiya Nyaya Sanhita 2023) by any spouse of any religion unable to maintain themselves– making Section 125 the most broadly accessible maintenance remedy available. Courts assess maintenance by looking at the claimant’s established standard of living and current needs, the paying party’s income and earning capacity, the duration of the marriage, each party’s contributions, and any special circumstances. There is no fixed formula: the amount reflects the specific facts of each case. ATB Legal advises on entitlement, prepares the financial evidence required to establish quantum, and represents clients at both the interim and final stages.

Interim Maintenance & Financial Relief

Parties to matrimonial proceedings may apply for interim maintenance under Section 24 of the Hindu Marriage Act 1955 during the pendency of the proceedings– before any final decree is passed. The purpose is to ensure that a financially weaker spouse is not disadvantaged during litigation that may take months or years to conclude. Applications are heard on an urgent basis and decided on approximate income figures. Courts may also grant interim residence orders preventing one party from dispossessing the other from the matrimonial home while the case continues. Where the applicant has no independent income, an application for the costs of proceedings may also be made alongside the maintenance application. Our team helps with interim relief applications as a priority where financial circumstances require urgent court intervention– ensuring the client is not placed in a position of disadvantage before the substantive case is heard.

Property Division & Settlement

India does not have a statutory matrimonial property regime that automatically divides assets on divorce. Property acquired during the marriage generally remains the property of the person in whose name it is held, subject to joint ownership arrangements or equitable claims. Courts have broad discretionary powers to make property settlements as part of or alongside a decree. Most property matters are resolved by negotiated agreement– a Memorandum of Understanding or formal settlement deed incorporated into the consent decree. A well-drafted settlement covers the transfer or sale of jointly held immovable property, division of financial accounts and investments, maintenance commutation to a lump sum where both parties prefer it, and any outstanding loans or liabilities. ATB Legal advises on property rights in the matrimonial context, drafts consent terms and settlement deeds, and represents clients in contested property proceedings where negotiated resolution is not possible.