Can Husband Refuse Maintenance to Wife? Legal Position, Grounds & Remedies (2026)

Can Husband Refuse Maintenance to Wife? Learn the law on maintenance under Section 144 BNSS, grounds for denial, wife’s income, important case laws and legal remedies.

Can Husband Refuse Maintenance to Wife?

Whether a husband can refuse to maintain his wife depends on the facts of the case and the law under which maintenance is being claimed.

Indian law provides several remedies through which a wife may seek financial support from her husband. One of the important provisions is Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It provides a statutory remedy for maintenance of wives, children and parents who satisfy the requirements of the provision. The BNSS has been in force since 1 July 2024.

However, maintenance is not automatically granted in every matrimonial dispute. The court examines factors such as the wife’s circumstances, the husband’s means, whether the wife is able to maintain herself, the reason for separate residence, the conduct of the parties, existing maintenance orders and other relevant financial circumstances.

A husband therefore cannot simply stop or refuse maintenance merely because he does not want to pay it. At the same time, a wife must satisfy the requirements of the particular legal provision under which she makes the claim.

What Is Maintenance?

Maintenance generally refers to financial support required for the reasonable needs of a person who is legally entitled to claim it.

In matrimonial proceedings, maintenance may cover reasonable expenses relating to matters such as:

• Food and clothing;
• Residence;
• Medical expenses;
• Basic household needs;
• Other reasonable living expenses;
• In appropriate cases, expenses connected with children.

The purpose is not to punish either spouse. The Supreme Court has repeatedly explained that maintenance provisions serve a social-justice purpose and seek to prevent destitution and provide a reasonable means of support.

Section 144 BNSS: Maintenance to Wife

One of the principal statutory remedies is Section 144 BNSS.

It provides for maintenance where a person having sufficient means neglects or refuses to maintain his wife who is unable to maintain herself, subject to the conditions of the provision.

The provision also permits an application for interim maintenance and expenses of proceedings during the pendency of the maintenance case.

The court therefore generally examines questions such as:

1. Is there a valid marital relationship covered by the provision?
2. Does the husband have sufficient means?
3. Has he neglected or refused to maintain the wife?
4. Is the wife unable to maintain herself?
5. Is there any statutory circumstance affecting entitlement?

Can a Husband Simply Refuse to Pay Maintenance?

A husband cannot unilaterally decide that a court-ordered maintenance amount will not be paid.

If a competent court has already passed an order directing payment, the husband must comply unless that order is modified, stayed, set aside or otherwise lawfully altered.

Section 144 BNSS also contains an enforcement mechanism for unpaid maintenance. The law provides for recovery of the amount due, and in specified circumstances the court can take further steps for non-payment.

However, where there is no maintenance order yet, the husband can contest the wife’s claim before the appropriate court and place his financial and factual circumstances on record.

When Can Maintenance to a Wife Be Refused?

Section 144(4) BNSS specifically identifies circumstances in which a wife is not entitled to receive maintenance under that provision.

These include situations where:

• She is living in adultery;
• Without sufficient reason, she refuses to live with her husband; or
• The parties are living separately by mutual consent.

The statute also provides that where a husband offers to maintain his wife on the condition that she lives with him, the Magistrate may consider the wife’s reasons for refusing to live with him. If there is a just ground for her refusal, maintenance may still be ordered.

Therefore, living separately does not automatically mean that a wife loses her right to maintenance.

The reason for the separation matters.

Can a Wife Claim Maintenance While Living Separately?

Yes, potentially.

A wife may live separately from her husband for a legally sufficient reason. Section 144 BNSS specifically recognises that a wife may have a “just ground” for refusing to live with her husband.

The statutory explanation expressly provides that if the husband has contracted marriage with another woman or keeps a mistress, this is considered a just ground for the wife’s refusal to live with him.

Other circumstances may also be relevant depending on the facts, such as allegations of cruelty, domestic violence or other conduct making cohabitation unreasonable.

The court decides whether the reason for separate residence is sufficient in the particular case.

Can a Working Wife Claim Maintenance?

The answer is not simply yes or no.

A wife having a job or some income does not automatically mean that she is disqualified from maintenance.

The court may examine:

• Actual income;
• Stability of employment;
• Monthly expenses;
• Assets;
• Standard of living;
• Husband’s income and financial position;
• Number of dependants;
• Child-related expenses;
• Other relevant circumstances.

The Supreme Court has distinguished between a wife’s capacity to earn and her actual income sufficient to maintain herself.

In Shailja v. Khobbanna, (2018) 12 SCC 199, the Supreme Court held that the mere ability of a wife to earn is not by itself sufficient to deny maintenance. This principle has subsequently been applied in maintenance cases.

Thus, the argument that “she is educated and can work” does not automatically dispose of a maintenance claim.

What If the Wife Is Highly Educated?

Educational qualification alone does not establish that the wife has sufficient independent income.

For example, a woman may be:

• Highly educated;
• Professionally qualified;
• Previously employed;
• Capable of working;

but still not have sufficient present income to maintain herself.

Courts therefore distinguish between earning capacity and actual financial independence.

The Delhi High Court has reiterated this distinction in recent decisions, including a 2026 judgment observing that educational qualification or mere capacity to earn does not by itself establish actual income sufficient to deny interim maintenance.

Can a Husband Claim That He Has No Income?

The husband’s financial circumstances are relevant, but a claim of “no income” does not automatically end the maintenance proceedings.

The court may examine:

• Employment;
• Business;
• Professional qualifications;
• Assets;
• Bank accounts;
• Property;
• Lifestyle;
• Actual expenditure;
• Sources of income;
• Financial obligations towards dependants.

Both parties are expected to provide financial information in maintenance proceedings.

How Is the Maintenance Amount Decided?

There is no universal formula under Indian law that automatically fixes maintenance at a particular percentage of the husband’s salary.

The amount depends on the facts of the case.

Courts may consider:

Husband’s financial position

The court examines his actual means and earning capacity, supported by the material available.

Wife’s reasonable needs

The court considers the wife’s reasonable living requirements and financial circumstances.

Standard of living

The parties’ standard of living during the marriage can be relevant.

Child-related expenses

Where children are involved, their education, healthcare and other reasonable expenses may also be considered.

Existing liabilities

Genuine financial liabilities may be relevant, although the nature of the liability matters.

Other dependants

The husband’s responsibility towards other legally dependent family members may also be considered.

The Hindu Adoptions and Maintenance Act, 1956, for example, expressly directs courts determining maintenance to consider factors including the parties’ status, reasonable wants, justification for separate residence, the claimant’s property and income, and the number of persons entitled to maintenance.

Important Supreme Court Guidelines in Rajnesh v. Neha

One of the most important judgments on maintenance proceedings is:

Rajnesh v. Neha, (2021) 2 SCC 324

The Supreme Court laid down comprehensive guidelines concerning maintenance proceedings.

Among other things, the Court directed that parties in maintenance proceedings should provide disclosure of their assets, liabilities, income and expenditure through the prescribed affidavit framework.

The Court directed that the disclosure affidavit should be filed in maintenance proceedings across the country, subject to the guidelines and applicable modifications.

This is important because maintenance should be determined on the basis of the financial circumstances of both parties rather than unsupported allegations about income.

Maintenance Under Different Laws

A wife may have remedies under more than one legal provision depending on her circumstances.

Section 144 BNSS

Section 144 provides a summary statutory remedy for maintenance of wives, children and parents who satisfy its requirements.

Hindu Marriage Act, 1955

For Hindu matrimonial proceedings, Section 24 HMA provides for maintenance pendente lite and expenses of proceedings in appropriate cases.

Section 25 HMA deals with permanent alimony and maintenance.

Hindu Adoptions and Maintenance Act, 1956

The HAMA contains provisions concerning maintenance of a Hindu wife and other categories of dependants.

Section 23 sets out factors relevant to determining the amount of maintenance.

Protection of Women from Domestic Violence Act, 2005

Under Section 20 of the Domestic Violence Act, a Magistrate may grant monetary relief for expenses and losses resulting from domestic violence. The provision expressly includes maintenance for the aggrieved woman and her children.

Section 20 also allows monetary relief to be ordered as a lump sum or through monthly payments, depending upon the circumstances.

Interim Maintenance vs Final Maintenance

These concepts should not be confused.

Interim Maintenance

Interim maintenance is financial support ordered during the pendency of proceedings.

It is intended to address the applicant’s immediate financial requirements while the case is pending.

Permanent Alimony

Permanent alimony or maintenance may be granted at the conclusion of certain matrimonial proceedings under the applicable statute, such as Section 25 of the Hindu Marriage Act.

The eligibility and conditions are different from those applicable to interim maintenance.

Can Maintenance Be Reduced If the Wife Earns?

Yes, depending on the circumstances.

The court may take the wife’s actual income and financial resources into account while determining the appropriate amount.

But the mere fact that she earns something does not necessarily mean that she gets no maintenance.

The question is whether her actual income and resources are sufficient in light of her reasonable needs and the other circumstances of the case.

The Supreme Court’s approach in Shailja v. Khobbanna and Rajnesh v. Neha supports examining actual financial circumstances rather than relying only on the wife’s earning capacity.

Can a Husband Stop Paying Maintenance After a Court Order?

A husband should not simply stop making payments because he disagrees with the order.

If circumstances have materially changed, the appropriate course is to seek modification, alteration, stay or other appropriate relief from the competent court.

Section 146 BNSS expressly permits alteration of a maintenance allowance where there is proof of a change in circumstances.

What Happens If Husband Does Not Pay Maintenance?

Where a maintenance order remains unpaid, the person in whose favour the order was passed can seek enforcement according to the applicable law.

Section 147 BNSS provides for enforcement of a maintenance order by a Magistrate in the circumstances specified in the provision. Section 144 also contains provisions concerning recovery of unpaid amounts.

The exact procedure can depend on:

• The court that passed the order;
• Nature of the maintenance order;
• Amount of arrears;
• Applicable statutory provision;
• Any stay or modification order.

Can Maintenance Be Claimed for Children?

Yes.

Section 144 BNSS also covers maintenance of children who satisfy the statutory requirements.

In domestic-violence proceedings, Section 20 of the Domestic Violence Act also expressly covers maintenance for children as part of monetary relief.

Therefore, a maintenance case may involve claims for both the wife and minor children, depending upon the circumstances.

Procedure to Claim Maintenance

The procedure depends on the statutory provision being invoked.

A general process may involve:

Step 1: Identify the Appropriate Legal Remedy

Determine whether the claim is being made under Section 144 BNSS, the Hindu Marriage Act, Domestic Violence Act, Hindu Adoptions and Maintenance Act or another applicable law.

Step 2: Prepare the Application

The application should explain:

• Marriage;
• Present living arrangement;
• Husband’s income/means, to the extent known;
• Wife’s financial circumstances;
• Neglect or refusal to maintain;
• Reason for separate residence, where relevant;
• Monthly requirements;
• Child-related expenses, if applicable;
• Relief sought.

Step 3: Attach Supporting Documents

Relevant documents may include:

• Marriage certificate or proof of marriage;
• Identity documents;
• Children’s birth certificates;
• Medical records;
• School fee documents;
• Rent documents;
• Bank statements;
• Income-related evidence;
• Previous court orders;
• Other relevant records.

Step 4: Financial Disclosure

The parties may be required to file the disclosure affidavit contemplated by Rajnesh v. Neha.

Step 5: Court Hearing

The court hears both sides and considers the pleadings and financial material.

Step 6: Maintenance Order

The court may grant, modify or refuse maintenance depending upon the applicable law and facts.

Important Case Laws on Maintenance

Rajnesh v. Neha (2021) 2 SCC 324

This is a leading authority on maintenance proceedings, particularly financial disclosure and the assessment of maintenance.

The Supreme Court laid down guidelines requiring disclosure of assets and liabilities in maintenance proceedings.

Chaturbhuj v. Sita Bai (2008) 2 SCC 316

The Supreme Court explained that the purpose of the maintenance provision is to prevent destitution and vagrancy.

The Court also clarified that the expression “unable to maintain herself” does not mean that a wife must be completely destitute before she can seek maintenance.

Shailja v. Khobbanna (2018) 12 SCC 199

The Supreme Court considered the distinction between a wife’s capacity to earn and actual sufficient income.

Mere earning capacity does not automatically disentitle a wife from maintenance.

Sunita Kachwaha v. Anil Kachwaha(2014) 16 SCC 715

The Supreme Court considered the effect of the wife’s income in maintenance proceedings and recognised that some income does not necessarily eliminate the need for maintenance where the income is insufficient in the circumstances.

The principles from this line of cases continue to be relevant when courts assess actual financial capacity.

What Factors Can Help a Husband Contest a Maintenance Claim?

A husband who disputes a maintenance claim should place relevant evidence before the court rather than simply refusing payment.

Depending on the case, relevant issues may include:

• Wife’s sufficient independent income;
• Wife’s substantial assets/resources;
• Statutory disqualification under the applicable provision;
• Unjustified refusal to live with the husband, where the statutory conditions are met;
• Mutual separation by consent, where applicable;
• Existing maintenance/alimony received under another proceeding;
• Material change in circumstances;
• False or incomplete financial disclosure.

The husband should support such assertions with documents and evidence wherever possible.

Can Maintenance Be Denied Because Wife Refuses to Live With Husband?

It can be a relevant ground under Section 144(4) BNSS, but the issue is not determined merely by establishing that the wife is living separately.

The court can consider the reason for her separate residence.

If she establishes a sufficient or justifiable reason, the statutory bar may not apply. Section 144 itself provides that the Magistrate may still grant maintenance where there is a just ground for the wife’s refusal to live with the husband.

Can a Husband Refuse Maintenance Because the Wife Filed a Case Against Him?

Merely filing a legal proceeding does not automatically extinguish a wife’s maintenance rights.

The court will examine the relevant facts and the requirements of the particular maintenance provision.

A matrimonial dispute may involve several proceedings simultaneously, including divorce, domestic violence, maintenance and criminal proceedings. The existence of another proceeding does not by itself answer the question of maintenance entitlement.

Can a Wife Claim Maintenance From an Unemployed Husband?

A husband claiming unemployment does not automatically resolve the case.

The court may examine his overall financial circumstances, earning capacity, assets and other evidence.

At the same time, the court must consider the husband’s genuine financial position and cannot simply assume an income without evidence.

The purpose is to arrive at a fair assessment based on the circumstances of both parties.

Practical Advice for Both Parties

For the wife

Keep documentary evidence of:

• Household expenses;
• Medical expenses;
• Children’s expenses;
• Rent;
• Education expenses;
• Husband’s known income;
• Assets and lifestyle evidence where legally obtained;
• Previous maintenance orders.

For the husband

Keep evidence relating to:

• Salary/income;
• Tax returns;
• Bank accounts;
• Genuine liabilities;
• Dependants;
• Existing maintenance payments;
• Wife’s actual income and assets, if relevant and legally provable.

Both parties should make complete and accurate financial disclosures.

Conclusion

So, can a husband refuse maintenance to his wife?

The answer depends on the facts and the applicable law.

A husband cannot simply refuse to comply with a valid court order directing maintenance. However, a wife is also not automatically entitled to maintenance merely because she is married. Under Section 144 BNSS, the statutory requirements must be satisfied, and the law specifically recognises circumstances in which maintenance may be refused or an existing order may be cancelled.

The wife’s actual income, the husband’s financial means, the reason for separate residence, the parties’ standard of living, children’s needs, existing orders and the statutory requirements are all relevant.

The Supreme Court’s decision in Rajnesh v. Neha is particularly important because it emphasises transparent financial disclosure in maintenance proceedings.

Ultimately, maintenance is determined by the competent court after considering the facts, evidence and applicable statutory provisions.

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