Alimony

Here is what you should know about maintenance and alimony claims before you act or reply to anyone. Legals365 is the legal platform of Advocate B.K. Singh and associates, based in Delhi NCR.

In short. A wife, children and parents who cannot maintain themselves can claim monthly maintenance under section 144 of the BNSS (old section 125 CrPC). A spouse can also claim interim maintenance and permanent alimony under sections 24 and 25 of the Hindu Marriage Act, and a woman facing domestic violence can claim under the DV Act. Courts fix the amount on both sides' sworn disclosure of income.

Maintenance is the part of a family dispute that touches daily life first. A wife who has left the matrimonial home needs to pay rent and school fees next month, not after a divorce is decided. A husband faced with a claim needs to know what he will realistically be asked to pay. Elderly parents whose children have stopped supporting them need a remedy that does not take years. The law provides several routes, and they often run at the same time.

This page explains maintenance and alimony in India: who can claim and from whom, the different laws (section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023, the Hindu Marriage Act 1955, the Hindu Adoptions and Maintenance Act 1956, the Domestic Violence Act 2005 and the laws for other communities), how courts calculate the amount after Rajnesh v Neha (2020), how a case runs, how to enforce an order and recover arrears, when the amount can be changed or stopped, and how the answer changes for salaried and self-employed husbands, earning wives, NRIs and parents. Page titles that use 'maintenance' in the sense of property, trademark or account upkeep are a different subject; this article is about family support.

Law

BNSS s.144 to 147 (old CrPC s.125 to 128); Hindu Marriage Act 1955 s.24 and 25; Hindu Adoptions and Maintenance Act 1956 s.18 to 23; Protection of Women from Domestic Violence Act 2005 s.20 and 23; Special Marriage Act s.36 and 37; Muslim Women (Protection of Rights on Divorce) Act 1986; Senior Citizens Act 2007; Rajnesh v Neha (2020)

Forum

Family court (in Delhi, inside the district court complexes); Judicial Magistrate where there is no family court and for DV Act cases; the court hearing the divorce for section 24 and 25 claims; Maintenance Tribunal for senior citizens; High Court for revision and appeal

Time limit

No limitation for filing a maintenance claim, but the order usually runs from the date of application, so delay costs money; interim applications under s.144 BNSS and s.24 HMA are meant to be decided within 60 days of notice; arrears under s.144 must be claimed within one year of falling due

Documents

Marriage proof, children's birth certificates, both sides' salary slips, income tax returns, bank statements, property and loan details, school fee and medical receipts, rent agreement, affidavit of assets, income and expenditure in the Rajnesh format

What maintenance and alimony mean

Maintenance is regular financial support paid by one family member to another who cannot support himself or herself. It usually means a monthly amount for food, housing, clothing, medical care and education. Alimony is the term commonly used for support between spouses, especially the amount fixed when a marriage ends, whether as a monthly sum or a lump sum. The law uses the words loosely, and so do most people.

There are three broad kinds. Interim maintenance is paid while a case is pending, so that the weaker spouse can live and fight the case. Maintenance under section 144 of the BNSS is a quick, summary remedy against neglect, available to a wife, children and parents. Permanent alimony is fixed when a decree of divorce or judicial separation is passed and is meant to provide for the spouse after the marriage.

Maintenance is not a penalty and not a reward. Courts say its purpose is to prevent destitution and to let the dependant live, as far as possible, in the way she or he lived in the marital or parental home. That is why the paying party's income and the claimant's needs are at the centre of every case.

The laws on maintenance and alimony

Which maintenance remedy fits which situation

Section 144 BNSS maintenance: who can claim and when it is refused

Under section 144 a wife who is unable to maintain herself can claim maintenance from a husband who has sufficient means and neglects or refuses to maintain her. Minor children, legitimate or not, can claim from their father, and so can adult children who cannot maintain themselves because of a physical or mental abnormality or injury. Parents who cannot maintain themselves can claim from their sons and daughters. The claim is filed in the family court, or before the Judicial Magistrate where there is no family court, where the respondent is, where the claimant lives, or where they last lived together.

A wife is not entitled to maintenance under section 144 if she is living in adultery, if she refuses to live with her husband without sufficient reason, or if they are living separately by mutual consent. 'Sufficient reason' is read sensibly: cruelty, a second marriage by the husband or keeping another woman, and dowry harassment all justify living apart. The husband's plea that the wife left without reason is very common and is decided on evidence.

The phrase 'unable to maintain herself' does not mean destitute. A wife with some income can still claim if it is not enough to keep her in the standard she had in the marital home. Courts have also said that a qualified wife who is not actually earning cannot be denied maintenance only because she could work, though her earning capacity is a factor in the amount. The magistrate can order interim maintenance and litigation expenses while the petition is pending, and the interim application is meant to be decided within 60 days of notice.

Interim maintenance while a divorce or other case is pending

Interim maintenance under section 24 of the Hindu Marriage Act is available in any proceeding under that Act, whether a divorce petition, a petition for restitution of conjugal rights or an annulment. Either spouse who has no independent income sufficient for support and for the expenses of the case can ask the court to order the other spouse to pay a monthly amount and litigation costs. The application is meant to be decided within 60 days of service of notice, though in busy courts it often takes longer.

Interim maintenance matters more than people expect. It sets the tone of the case, it often becomes the base figure for a later settlement, and non-payment has consequences: courts can strike off the defence of a spouse who wilfully refuses to pay, and can stay the petition of a petitioner-husband who does not pay. A husband who files a divorce and then stops all support is often hurting his own case.

Similar interim relief is available under the Special Marriage Act, under section 144 of the BNSS while the main petition is pending, and under section 23 of the Domestic Violence Act. If your matrimonial dispute is already in court, the page on contested divorce and matrimonial cases explains how interim maintenance fits into the larger case.

Permanent alimony at the time of divorce

Permanent alimony under section 25 of the Hindu Marriage Act is fixed by the court when it passes a decree of divorce, judicial separation or nullity, or later on an application. It can be a lump sum, a monthly or periodic amount, or a combination, and the court can secure it by a charge on the paying spouse's property. Either spouse can claim, though in practice the claimant is usually the wife.

The court considers the income and property of both spouses, the conduct of the parties, the length of the marriage, the standard of living during the marriage, the claimant's age, health and employability, any sacrifice of career made for the family, and the responsibilities each side carries, including for children and aged parents. The Supreme Court has repeatedly said that alimony should be fair and reasonable, neither punishing the paying spouse nor leaving the claimant in hardship.

In a mutual consent divorce, alimony is whatever the parties agree, usually as a one-time full and final sum, and the court records it in the decree. That is explained on the page on mutual consent divorce. Periodic alimony fixed by the court can be changed or cancelled if circumstances change, for example if the recipient remarries, while a lump sum paid as full and final is generally not reopened.

How courts calculate maintenance

There is no fixed formula for maintenance in India. The court starts from the paying party's real net income and the claimant's reasonable needs, and then looks at the status of the parties, the standard of living in the marital home, the claimant's own income and earning capacity, the number of dependants on each side, the paying party's genuine liabilities (not voluntary ones taken on to reduce income), the cost of living in the city where the claimant lives, and the children's education and medical needs.

Some courts have treated around a quarter of the husband's net income as a reasonable guide for maintenance of the wife alone, with more where children are also to be supported. That is a guide, not a rule, and the figure can be well above or below it on the facts. Deductions such as income tax and compulsory provident fund contributions are allowed, but loans taken after the dispute began, or large voluntary investments, usually are not.

When Advocate B.K. Singh's office prepares a maintenance claim or reply, the figure that decides the case is almost always the income the court believes, not the income declared. A salaried husband's figure is easy to prove. A self-employed husband's real income is shown through bank statements, GST returns, the lifestyle he maintains, vehicles, travel and credit card spending. A wife who earns should disclose it, because concealment destroys credibility on everything else.

The affidavit of assets, income and expenditure

Since Rajnesh v Neha (2020), both parties in every maintenance case, under any law, must file an affidavit disclosing their assets, liabilities, income and expenditure in the format the Supreme Court prescribed. The claimant files it with the application, and the respondent files it with the reply. The affidavit covers personal details, dependants, education and employment, income from all sources, movable and immovable property, loans, monthly expenses and details of earlier proceedings.

A false or incomplete affidavit is perjury and can lead to proceedings for false evidence, apart from an adverse inference on maintenance. Courts can also summon records from employers, banks and the income tax department to test the affidavit. People who leave out a flat in a parent's name or a side business tend to be found out.

Prepare the affidavit as carefully as a pleading. Attach supporting documents: salary slips, Form 16, income tax returns, bank statements for the past year or more, loan statements, rent agreement, school fee receipts and medical bills. List expenses realistically. An affidavit that claims household expenses far beyond anything the family ever spent, or a respondent's affidavit that says he lives on almost nothing while driving a new car, will be read with suspicion.

How a maintenance case runs

This is the usual course of a section 144 BNSS petition in a Delhi NCR family court. Section 24 and DV Act claims follow a similar pattern within their own proceedings.

1. Petition with affidavit of disclosure

   The claimant files a petition setting out the relationship, the neglect or refusal to maintain, her or his needs and the respondent's means, with the Rajnesh affidavit and supporting documents. An application for interim maintenance is filed at the same time.

2. Notice and reply

   The court issues notice to the respondent, who must file a reply and his own affidavit of disclosure. Service by email and messaging apps is often allowed. If the respondent avoids service, the court can proceed ex parte.

3. Mediation

   Most family courts refer maintenance cases to mediation or counselling at an early stage. A settlement on a monthly figure or a lump sum can be recorded and the case disposed of on those terms.

4. Interim order

   If there is no settlement, the court hears arguments on interim maintenance and fixes a monthly amount and litigation costs, usually payable from the date of application. Arrears from that date to the order are often directed to be paid in instalments.

5. Evidence and final order

   Both sides lead evidence on income, needs and the reasons for living apart, and cross-examine each other. The court then passes the final order, which may confirm, raise or reduce the interim figure.

6. Enforcement or revision

   If the order is not paid, the claimant applies for recovery. A party unhappy with the order can file a revision before the High Court, or an appeal where the law provides one, within the time allowed.

In Delhi, family courts sit at Tis Hazari, Saket, Karkardooma, Rohini, Dwarka and Patiala House. Our page on district court cases in Delhi NCR explains which complex covers which area.

Overlapping claims: no double recovery

It is common for a wife to have a section 144 petition, a DV Act case and a section 24 application all pending at once. The law allows this, because each remedy has a different purpose, but it does not allow her to be paid three times for the same need. Rajnesh v Neha directed that the claimant must disclose earlier proceedings and orders, and that the court in a later case must take the earlier award into account, adjusting or setting it off.

In practice the second court either fixes a combined figure, or fixes an additional amount only for needs not already covered. Where the first order was made by a magistrate and the second by the family court, the later order should say clearly how it relates to the earlier one. If it does not, an application for clarification saves months of later argument.

The domestic violence route is often chosen because it combines money with protection and residence. That is explained on the page on dowry, domestic violence and cruelty cases. Whichever combination you choose, keep a single schedule of what has been ordered in each case and what has actually been paid.

Maintenance for children and their education

A father is bound to maintain his minor children whether or not he is married to their mother, and whichever parent has custody. Under section 144 of the BNSS the right lasts until the child attains majority, and beyond that for a child who cannot maintain himself or herself because of disability. Under the Hindu Adoptions and Maintenance Act an unmarried daughter can claim maintenance from her father until she marries, and courts have included reasonable marriage expenses.

Courts increasingly treat a child's education as part of maintenance, not a separate luxury. School fees, tuition, transport and, where the family's status supports it, college fees are commonly ordered over and above the monthly amount. Where both parents earn, courts often share these costs in proportion to income.

A parent cannot give up a child's right to maintenance by agreement. A mother who accepts a lump sum for herself in a settlement does not thereby close the child's claim. Custody and visitation are decided separately on the child's welfare, and our page on child custody, visitation and guardianship explains how. Paying maintenance does not buy custody, and refusing it does not defeat a parent's visitation rights.

Maintenance for parents, and claims by husbands

Parents who cannot maintain themselves can claim from their children, sons and daughters alike, under section 144 of the BNSS, section 20 of the Hindu Adoptions and Maintenance Act, or the Senior Citizens Act 2007. The Senior Citizens Act route is before a Maintenance Tribunal headed by an SDM-level officer, it is meant to be decided within 90 days, and lawyers are not permitted to represent parties before the Tribunal. The Act caps the monthly amount, so check the current limit. The page on family law disputes and settlements covers elderly parents in more detail.

A husband can claim maintenance and litigation expenses from his wife under sections 24 and 25 of the Hindu Marriage Act if he has no independent income sufficient for his support. The grounds are gender-neutral, but courts expect a husband to explain why he cannot work, for example illness or disability, because an able-bodied husband is normally expected to earn. Section 144 of the BNSS does not give a husband a claim against his wife.

Children over 18 who are studying sometimes ask whether they can claim from a parent directly. Under section 144 the answer is generally no for a son who is not disabled, but under personal law and in divorce settlements, education costs for adult children are often covered, and courts have been willing to direct a parent with means to fund higher education.

Muslim, Christian, Parsi and Special Marriage Act couples

Section 144 of the BNSS is a secular remedy and applies to everyone, whatever their religion. A Muslim wife can claim under it during the marriage. A divorced Muslim woman has a right to a reasonable and fair provision and maintenance from her former husband under the Muslim Women (Protection of Rights on Divorce) Act 1986, which the Supreme Court has read as covering provision for her future, to be made within the iddat period. In 2024 the Supreme Court also confirmed that a divorced Muslim woman can choose to claim under the secular maintenance provision.

Couples married under the Special Marriage Act have interim maintenance and permanent alimony under sections 36 and 37 of that Act, on the same lines as the Hindu Marriage Act. Christian spouses have similar provisions in the Divorce Act 1869, and Parsi spouses in the Parsi Marriage and Divorce Act 1936. The Domestic Violence Act applies to women of all communities.

Mahr (dower) for Muslim wives is a separate debt owed by the husband, not maintenance, and can be claimed in addition. Where it is unpaid at divorce, it should be included in any settlement in writing.

Enforcing a maintenance order and recovering arrears

An order is only useful if it is paid. Under section 144 of the BNSS, if the respondent fails to pay without sufficient cause, the court can issue a warrant to recover the amount as if it were a fine, by attaching and selling his property or attaching salary, and can sentence him to imprisonment for up to one month for each month's default or until payment, whichever is earlier. The application for recovery must be made within one year from the date the amount fell due, so arrears should be claimed regularly, not allowed to pile up for years.

Maintenance and alimony under the Hindu Marriage Act are enforced like a civil decree under Order 21 of the CPC, through attachment of salary, bank accounts and property. Where the respondent is a salaried employee, the court can direct the employer to deduct the amount from salary and pay it directly, which is the most reliable method. Contempt is available where a party wilfully disobeys an undertaking or order.

Imprisonment does not wipe out arrears. A husband who serves a sentence for non-payment still owes the money. Where the respondent has gone abroad, enforcement is harder; courts can still attach his property in India, and passports and travel have sometimes been made subject to payment. Keep a running ledger of what is due and what has been paid, with bank records, because disputes about arrears are common.

Changing the amount, and when maintenance stops

Maintenance orders are not frozen. Under section 146 of the BNSS (old section 127 CrPC) either party can ask the court to increase or reduce the allowance on proof of a change in circumstances, such as a rise in the respondent's salary, loss of his job, the claimant starting to earn well, inflation over several years, or a child's growing educational needs. Permanent alimony under section 25 of the Hindu Marriage Act can also be varied, modified or rescinded on changed circumstances.

Maintenance to a divorced wife under section 144 stops if she remarries, and periodic alimony under the Hindu Marriage Act can be cancelled if the recipient remarries or, in the case of a wife, has sexual relations outside marriage after the decree, or in the case of a husband, has sexual relations with a woman outside marriage. A lump sum paid as full and final settlement generally ends the claim, unless it was obtained by fraud.

If the order was wrong when made, the remedy is a revision or appeal in the High Court, within the time allowed, not an application to vary. In Delhi revisions against family court orders go to the Delhi High Court. Stopping payment on your own because you think the order is unfair only adds arrears and invites arrest warrants.

How the answer changes with the parties

Salaried respondents. Income is proved by salary slips and Form 16, and the court can order direct deduction from salary. Government employees are often worried about departmental consequences; a maintenance order itself is a civil matter, but wilful non-payment and arrest warrants are not.

Self-employed and business respondents. Courts look past the declared income to bank credits, GST returns, company accounts, property, vehicles and spending. Transferring business income to relatives after the dispute begins is usually seen through.

Earning wives. A wife who earns can still claim if her income does not let her live at the standard of the marital home, but her income will reduce the amount. A highly qualified wife who has deliberately stopped working may get less. Concealing income is the worst choice.

NRI respondents. A husband abroad can be served by email and through the Indian mission, and can appear by video. Orders can be enforced against his property and accounts in India. Where he has no assets here, enforcement abroad depends on the foreign country's law, which is slow, so securing the amount through a lump sum or a charge on Indian property is safer.

Lump sum versus monthly. The tax treatment of a one-time settlement and of monthly maintenance can differ, so take advice on that before finalising. Our page on income tax notices and returns is a starting point.

Documents to keep ready

Mistakes to avoid and what to do this week

Claimants often wait months before filing, not realising the order usually runs only from the date of application. They exaggerate expenses, conceal their own income, or forget to claim arrears within a year. Respondents stop paying altogether once a dispute begins, understate income in ways that are easy to expose, take on new loans to look poorer, or quit a job in the hope of avoiding an order, which courts rarely accept. Both sides tend to ignore mediation, where a realistic figure is often reached faster; the page on mediation, conciliation and Lok Adalat explains how court mediation works.

This week, write down your monthly expenses with receipts, collect income documents for both sides as far as you can, and list any case already filed and any order already passed. If you are the claimant, file promptly. If you are the respondent, keep paying something reasonable while the case is pending and prepare an honest disclosure. If you want the papers checked before you act, the team of Advocate B.K. Singh at Legals365 can review them and tell you the next step.

Frequently asked questions

What is the new section for section 125 CrPC maintenance?

Section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023, in force from 1 July 2024. It keeps the same scheme: a wife, children and parents who cannot maintain themselves can claim from a person with sufficient means who neglects them. Cases filed earlier under section 125 continue.

How much maintenance will a wife get in India?

There is no fixed formula. Courts look at the husband's real net income, the wife's own income and needs, the standard of living and the children's expenses. Some courts have used about a quarter of the husband's net income as a rough guide for the wife alone, but the facts decide.

Can a working wife claim maintenance?

Yes, if her income is not enough to maintain her at the standard she had in the marital home. Her income will be taken into account and will reduce the amount. Concealing it usually backfires.

From what date is maintenance payable?

Following Rajnesh v Neha (2020), maintenance is ordinarily awarded from the date the application was filed. That is why filing early matters. Arrears from that date to the order are usually directed to be paid in instalments.

Can a husband claim maintenance from his wife?

Yes, under sections 24 and 25 of the Hindu Marriage Act, if he has no independent income sufficient for his support. Courts expect a good reason why he cannot earn, such as illness or disability. Section 144 of the BNSS does not give a husband a claim.

What happens if the husband does not pay maintenance?

The court can recover the amount by attaching his salary, bank accounts or property, and under section 144 BNSS can send him to jail for up to a month for each month's default. Jail does not cancel the arrears. Apply for recovery within one year of each amount falling due.

Can maintenance be claimed in more than one case?

Yes, a wife can have claims under the BNSS, the DV Act and the Hindu Marriage Act at the same time. She must disclose each earlier order, and the later court will adjust the amounts so that she is not paid twice for the same needs.

Till what age does a father pay maintenance for a child?

Under section 144 BNSS, until the child turns 18, and longer for a child who cannot maintain himself or herself because of disability. Under Hindu law an unmarried daughter can claim until marriage. Courts often add education costs on top.

Is permanent alimony paid monthly or as a lump sum?

Either. The court can order a lump sum, a periodic amount or both under section 25 of the Hindu Marriage Act. In mutual consent divorces, couples usually agree on a one-time full and final sum.

Can the maintenance amount be increased later?

Yes. Under section 146 BNSS and section 25 of the Hindu Marriage Act either side can apply to change the amount on proof of changed circumstances, such as a rise in income, inflation or a child's new expenses. A lump sum paid as full and final is generally not reopened.

Can a divorced Muslim woman claim maintenance?

Yes. She has a right to fair provision and maintenance under the Muslim Women (Protection of Rights on Divorce) Act 1986, and the Supreme Court confirmed in 2024 that she can also claim under the secular maintenance provision. Unpaid mahr is a separate claim.

Can parents claim maintenance from a married daughter?

Yes. Section 144 BNSS lets parents who cannot maintain themselves claim from their children, sons and daughters alike. The Senior Citizens Act 2007 gives a quicker route before the Maintenance Tribunal.