Maintenance is financial support paid by one spouse to the other, or by a parent for a child. It can be ordered while a case is pending (interim) and after divorce (permanent alimony). Several laws provide for it, and the right choice depends on your situation.
Where maintenance can be claimed
- Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 CrPC): a quick remedy for a wife, children and parents who cannot maintain themselves, available to all religions.
- Sections 24 and 25, Hindu Marriage Act, 1955: interim maintenance and litigation costs during a matrimonial case, and permanent alimony on or after the decree.
- Section 18, Hindu Adoptions and Maintenance Act, 1956: a Hindu wife's right to maintenance while the marriage subsists.
- Section 20, Protection of Women from Domestic Violence Act, 2005: monetary relief as part of a domestic violence case.
How the amount is decided
There is no fixed formula. Courts look at:
- the income, earning capacity and assets of both spouses;
- the standard of living during the marriage;
- reasonable needs of the claimant and the children, including education and medical costs;
- the paying spouse's own reasonable expenses and other dependants.
In Rajnesh v. Neha (2020), the Supreme Court required both parties to file affidavits disclosing their assets and liabilities in maintenance cases, and held that maintenance should generally be awarded from the date of the application. Read more: How maintenance amounts are worked out.
If you are claiming maintenance
- We identify the most suitable law and court, and apply for interim maintenance early;
- we gather evidence of your spouse's real income, including business income that may be under-reported;
- we enforce orders through recovery proceedings if payments stop.
If maintenance is claimed from you
- We present an accurate picture of your income and obligations;
- we raise relevant factors, such as the claimant's own income or earning capacity;
- we seek a fair figure, or a reasonable one-time settlement, rather than an inflated monthly amount.
Frequently asked questions
Can a working wife claim maintenance?
Possibly. Earning an income does not automatically disqualify a wife. The question is whether her income is enough to maintain the standard of living she was used to during the marriage.
Can a husband claim maintenance?
Yes. Under Sections 24 and 25 of the Hindu Marriage Act, either spouse with insufficient income can claim maintenance from the other.
What happens if maintenance is not paid?
The order can be enforced. Courts can direct recovery of arrears, including by attachment of salary or property, and in some proceedings by imprisonment for wilful default.
Is a lump-sum settlement possible?
Yes. Many couples agree a one-time permanent alimony amount, often as part of a mutual consent divorce, which avoids monthly payments and future disputes.
This page is general information about Indian law as of 15 October 2026, not legal advice. Every case turns on its own facts. Please speak to a lawyer before acting on it. See our disclaimer.
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