Maintenance is not charity. It is a legal right designed to ensure that no spouse, child or parent is left destitute when the person legally bound to support them refuses to do so. Whether you are seeking fair support or defending against an inflated claim, the law is detailed, and the stakes are personal. Advocate Preeti JD, Associates and Solicitors handles maintenance and alimony matters for wives, husbands, children and parents across India, with more than 17 years of focused family law experience and a clear, fair, evidence-led approach.
Family law is not just what we do. It is all we do.
What Is Maintenance?
Maintenance, also called alimony when paid to a spouse, is financial support that one person is legally required to provide to a dependent family member who cannot support themselves. It can be ordered while a case is pending (interim maintenance) or as part of the final outcome (permanent maintenance), and it aims to protect dignity and prevent destitution.
Who Can Claim Maintenance in India?
Maintenance for the Wife
A wife can claim maintenance from her husband during the marriage, during divorce proceedings, and even after divorce until she remarries, provided she has not already received a fair one-time settlement. Importantly, a wife who earns can still claim maintenance if her income is not enough to maintain the standard of living she had during the marriage.
Maintenance for Children
Both parents have a duty to support their children. A minor child, whether born in or outside marriage, and an adult child who cannot maintain themselves because of a physical or mental disability, are entitled to maintenance. Child support is decided on the child’s needs and the parents’ means.
Maintenance for Parents
Parents who cannot support themselves can claim maintenance from their children. This protects elderly and infirm parents from neglect, and there is a faster route available to senior citizens, explained below.
Laws Governing Maintenance in India
Maintenance can be claimed under several laws, and often more than one applies:
- Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): the secular provision, formerly Section 125 CrPC, covering wife, children and parents. Sections 145 to 147 deal with procedure, enforcement and alteration.
- Hindu Marriage Act, 1955: Section 24 for interim maintenance and litigation expenses, and Section 25 for permanent alimony.
- Hindu Adoptions and Maintenance Act, 1956: Section 18 for a wife’s maintenance and Section 20 for children and aged parents.
- Special Marriage Act, 1954: Sections 36 and 37.
- Protection of Women from Domestic Violence Act, 2005: monetary relief under Section 20.
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007: a fast, tribunal-based remedy for parents and senior citizens.
Choosing the right provision, or combination, is a key part of strategy. Our guide to filing maintenance claims explains the process in more detail.
Interim vs Permanent Maintenance
Interim maintenance, also called maintenance pendente lite, is support granted while a case is going on, typically under Section 24 of the Hindu Marriage Act, so a dependent spouse is not left without means during the litigation. Permanent maintenance or alimony is decided at the end of the case, either as a monthly sum or a one-time lump sum.
How Is the Amount of Maintenance Decided?
There is no fixed mathematical formula. Courts weigh several factors, including:
- The income, assets and earning capacity of the person paying.
- The reasonable needs and earning capacity of the claimant.
- The standard of living enjoyed during the marriage.
- The number of dependents and existing liabilities.
- The age, health and conduct of the parties.
As a rough reference, courts have sometimes treated around 25 percent of the paying spouse’s net income as a reasonable starting point for a wife’s maintenance, but this is a guideline, not a rule, and the final figure always depends on the facts.
Rajnesh v. Neha: The Guidelines You Should Know
The Supreme Court’s decision in Rajnesh v. Neha (2020) reshaped how maintenance is decided. Its key directions include:
- Both parties must file an affidavit of disclosure of assets and liabilities, so the court can assess the true financial position.
- Maintenance is generally awarded from the date of the application, not just from the date of the order.
- Where maintenance has been claimed under more than one law, the amounts must be adjusted and set off to avoid duplication and unjust enrichment.
These guidelines protect genuine claimants and also help guard against exaggerated claims.
Maintenance for Divorced and Muslim Women
A divorced woman’s right to maintenance does not automatically end with the decree. In particular, the Supreme Court in Mohd. Abdul Samad v. State of Telangana (2024) confirmed that a Muslim woman can claim maintenance under Section 144 BNSS, alongside her rights under the Muslim Women (Protection of Rights on Divorce) Act, 1986. This builds on earlier rulings recognising maintenance as a secular right available across religions.
Maintenance and Domestic Violence
Where there is cruelty or abuse, a woman can also seek monetary relief as part of proceedings under the Protection of Women from Domestic Violence Act, 2005. We help clients combine these domestic violence remedies with maintenance claims where appropriate.
Defending Against Excessive or False Maintenance Claims
Maintenance law cuts both ways, and we represent paying spouses fairly too. A husband can legitimately contest an inflated claim by:
- Insisting on complete financial disclosure from the claimant.
- Producing evidence of the claimant’s actual income or earning capacity.
- Showing his own genuine liabilities and limited means.
- Relying on settled law where a claim is exaggerated or false.
This is part of our balanced approach, which also extends to defending false dowry and cruelty complaints.
Modifying or Cancelling Maintenance
Maintenance is not always permanent. Under Section 147 of the BNSS, an order can be increased, reduced or cancelled when circumstances change, for example a significant change in either party’s income, the wife’s remarriage, or a child becoming financially independent.
Enforcing a Maintenance Order
If the person ordered to pay refuses, the order can be enforced under Section 146 of the BNSS. The court can recover the arrears and, for continued non-compliance, impose a fine or even imprisonment. Where the paying spouse is a high earner or hides income, focused enforcement and disclosure become especially important.
Maintenance for NRIs
Distance does not defeat a maintenance claim. A wife or child in India can claim maintenance even when the husband lives or earns abroad. Our page on maintenance where the NRI husband earns abroad explains how income is assessed and how orders are pursued against an NRI spouse.
How Advocate Preeti JD Handles Maintenance Cases
- Evidence first: We build claims and defences on solid financial evidence and proper disclosure, in line with Rajnesh v. Neha.
- Right law, right forum: We choose the most effective provision, whether under the BNSS, the Hindu Marriage Act or the Senior Citizens Act.
- Fair to both sides: As a woman family law advocate, Advocate Preeti JD is sensitive to the needs of women, children and elderly parents, while representing paying spouses fairly against inflated claims.
- Strong enforcement: Where an order is ignored, we pursue recovery and enforcement firmly.
- Confidential and result-oriented: Your matter is handled with discretion and a focus on a fair outcome.
Why Choose Advocate Preeti JD
- Over 17 years of focused family and matrimonial law practice.
- A dedicated team of more than 20 professionals.
- Family law as the only area of practice, which means deep, specialised knowledge.
- Up-to-date command of the BNSS provisions and current Supreme Court guidelines.
- Membership of the Supreme Court Bar Association, Punjab and Haryana High Court Bar Association, Gurugram Bar Association and the Indian National Bar Association.
- A client-first approach that is confidential, honest and result-oriented.
Book a Consultation
Whether you are claiming maintenance or defending a claim, the right evidence and strategy decide the outcome. Speak to us for clear, practical advice on your situation.
Advocate Preeti JD, Associates and Solicitors Chamber No. 149, C-Block, District and Sessions Court, Gurugram Phone: +91 8800383046, +91 8587025281 Email: mailadvpreeti@gmail.com
Book your appointment for a confidential consultation today.
Frequently Asked Questions on Maintenance
Who can claim maintenance in India?
A wife, including a divorced wife until she remarries, minor children, adult children unable to support themselves due to disability, and parents who cannot maintain themselves can all claim maintenance in India.
Under which law is maintenance claimed in India?
Maintenance can be claimed under Section 144 of the BNSS, 2023 (formerly Section 125 CrPC), under Sections 24 and 25 of the Hindu Marriage Act, the Hindu Adoptions and Maintenance Act, and other personal laws.
How much maintenance does a wife get?
There is no fixed formula. Courts weigh the husband’s income and assets, the wife’s reasonable needs and earning capacity, the standard of living during marriage, and the number of dependents.
Can a working or earning wife claim maintenance?
Yes. A wife who earns can still claim maintenance if her income is not enough to maintain the standard of living she had during the marriage. Earning alone does not disqualify her.
Can parents claim maintenance from their children?
Yes. Parents who cannot support themselves can claim maintenance from their children under Section 144 of the BNSS and, more quickly, through tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
What is interim maintenance?
Interim maintenance is support granted while a case is pending, under Section 24 of the Hindu Marriage Act. Following Rajnesh v. Neha, courts generally award maintenance from the date the application is filed.
Can a divorced wife claim maintenance?
Yes. A divorced wife can claim maintenance until she remarries, provided she has not received a fair one-time settlement. The right continues after divorce to prevent destitution and protect her dignity.
Can a Muslim woman claim maintenance under Section 144 BNSS?
Yes. In Mohd. Abdul Samad v. State of Telangana (2024), the Supreme Court confirmed that a Muslim woman can claim maintenance under Section 144 BNSS, alongside the Muslim Women Act, 1986.
Can maintenance be reduced or cancelled?
Yes. Under Section 147 of the BNSS, maintenance can be increased, reduced or cancelled if circumstances change, for example a change in either party’s income, the wife’s remarriage, or a child becoming financially independent.
What happens if the husband refuses to pay maintenance?
If the husband refuses to pay, the order can be enforced under Section 146 of the BNSS. The court can recover the amount and may impose a fine or imprisonment for continued non-compliance.
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