How to Get Maintenance (Alimony) in India: Learn how maintenance (alimony) is obtained in India through this complete legal guide. Understand eligibility, Section 144 BNSS provisions, husband and wife rights, court procedures, amount calculation methods, required documents, and FAQs under Indian family laws.
How to Get Maintenance (Alimony) in India: Complete Legal Guide
Maintenance, commonly known as alimony, is a legal financial support system intended to protect a spouse, child, parent, or dependent family member who cannot maintain themselves after separation, divorce, neglect, or marital disputes. In India, maintenance is not merely a social obligation; it is a legally enforceable right recognized under various laws.
The purpose of maintenance is to ensure financial support and preserve a reasonable standard of living for a person who is unable to support themselves. Courts assess several factors before granting maintenance, including income, liabilities, financial dependency, and the circumstances of the parties involved.
This detailed guide explains maintenance laws in India, the impact of Section 144 BNSS, husband and wife rights, procedure, amount calculation, and important FAQs.
What Is Maintenance (Alimony)?
Maintenance or alimony refers to financial support provided by one person to another person legally entitled to receive support.
Maintenance may arise:
- During marital disputes
- During divorce proceedings
- After divorce
- During separation
- In cases involving neglect or abandonment
The legal objectives of maintenance include:
- Financial support
- Prevention of hardship
- Protection of dignity
- Welfare of children and dependents
- Fairness and equity
Maintenance may be granted temporarily or permanently depending upon circumstances.
Types of Maintenance in India
Interim Maintenance
Interim maintenance refers to temporary financial support awarded during pending court proceedings.
Its purpose includes:
- Daily expenses
- Medical expenses
- Children’s expenses
- Litigation expenses
- Immediate financial support
Example:
If divorce proceedings continue for two years and the dependent spouse has no income, the court may grant monthly interim maintenance during the case.
Permanent Maintenance
Permanent maintenance is granted after legal proceedings conclude.
It may include:
- Monthly payments
- One-time lump sum payment
- Combination of both
The court decides the amount based on the circumstances of the parties.
Legal Provisions for Maintenance in India
Multiple laws regulate maintenance rights in India.
Section 144 BNSS, 2023 (Former Section 125 CrPC)
With the implementation of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the earlier Section 125 of the Code of Criminal Procedure (CrPC) has been replaced by Section 144 BNSS dealing with maintenance.
The purpose of Section 144 BNSS is to prevent neglect and provide speedy financial relief.
Persons generally eligible under Section 144 BNSS include:
- Wife unable to maintain herself
- Minor children
- Legitimate or illegitimate children
- Adult disabled children unable to support themselves
- Dependent parents
Conditions generally include:
- The respondent has sufficient financial means
- Neglect or refusal to provide support exists
- The claimant cannot maintain themselves
Section 144 BNSS is considered a social welfare provision intended to provide relatively quick relief without lengthy litigation.
Hindu Marriage Act, 1955
Under Hindu Marriage Act, 1955:
Section 24 – Interim Maintenance
Either spouse can seek:
- Interim maintenance
- Litigation expenses
Section 25 – Permanent Alimony
Either spouse may seek:
- Monthly maintenance
- Permanent alimony
- Lump sum settlement
The court considers:
- Income
- Assets
- Financial liabilities
- Conduct of parties
- Health condition
Domestic Violence Law
A woman facing domestic violence may seek:
- Monetary relief
- Residence rights
- Compensation
- Maintenance
Personal Laws
Maintenance rights also exist under:
- Hindu law
- Muslim law
- Christian law
- Parsi law
Who Can Claim Maintenance?
Depending on applicable law, the following persons may seek maintenance:
Wife
A wife may seek maintenance if:
- She lacks sufficient income
- The husband refuses financial support
- Valid legal circumstances exist
Divorced Wife
A divorced woman unable to maintain herself may continue receiving maintenance.
Children
Children may claim support for:
- Education
- Food
- Medical expenses
- Daily necessities
Parents
Dependent parents unable to maintain themselves may seek support from children.
Husband
Contrary to common assumptions, husbands may also claim maintenance under certain matrimonial laws.
Husband’s Right to Claim Maintenance in India Under New Law
Many people assume only women have maintenance rights. However, Indian law permits maintenance claims by husbands in specific circumstances.
An important legal distinction must be understood:
A husband generally cannot independently claim maintenance under Section 144 BNSS because the provision primarily protects:
- Wife
- Children
- Parents
However, husbands may claim maintenance under matrimonial laws.
Husband’s Right Under Section 24 Hindu Marriage Act
Section 24 allows either spouse to claim:
- Interim maintenance
- Litigation expenses
A husband may claim maintenance if:
- He has insufficient income
- He is unemployed
- He suffers from disability
- He has serious medical conditions
- The wife possesses substantially stronger financial capacity
Husband’s Right Under Section 25 Hindu Marriage Act
Section 25 permits either spouse to seek permanent alimony.
Maintenance may be granted as:
- Monthly payments
- Lump sum settlement
- Combined arrangement
Courts examine:
- Income and assets
- Liabilities
- Health conditions
- Standard of living
- Conduct of parties
Situations Where Maintenance May Be Refused
Maintenance is not automatic.
Courts may refuse or reduce maintenance if:
Applicant Has Adequate Income
If the applicant earns enough to maintain a comparable standard of living.
Adultery
Certain circumstances and personal laws may influence entitlement.
Desertion Without Reason
Unjustified separation may affect maintenance.
Remarriage
Maintenance rights may end or change after remarriage.
How to Apply for Maintenance in India
Step 1: Consult a Lawyer
A lawyer evaluates:
- Applicable laws
- Jurisdiction
- Evidence
- Financial circumstances
Step 2: Prepare Documents
Required documents may include:
- Marriage certificate
- Identity proof
- Address proof
- Salary slips
- Bank statements
- Expense details
- Children’s documents
- Medical records
Step 3: Draft Petition
The petition generally contains:
- Marriage details
- Grounds for maintenance
- Financial details
- Monthly expenses
Step 4: File Before Court
The petition may be filed before:
- Family Court
- Magistrate Court
- Appropriate jurisdictional court
Step 5: Notice to Opposite Party
The court issues notice to the respondent.
Step 6: Evidence and Hearing
Parties submit:
- Income proof
- Financial records
- Witness evidence
- Supporting documents
Step 7: Court Order
The court determines:
- Eligibility
- Amount
- Payment method
- Duration
How Courts Calculate Maintenance Amount
No fixed statutory formula exists.
Courts generally consider:
Income of Both Parties
Sources include:
- Salary
- Business income
- Rental income
- Investments
- Assets
Standard of Living During Marriage
Courts attempt to maintain reasonable living conditions.
Financial Liabilities
Courts examine:
- Loans
- Family responsibilities
- Medical expenses
- Educational expenses
Duration of Marriage
Longer marriages may influence awards.
Health and Age
Health conditions and earning ability matter.
Child Custody
Custodial responsibilities may affect maintenance.
Example of Maintenance Calculation
Suppose:
Monthly income = ₹1,00,000
Expenses:
- Home loan = ₹20,000
- Parents’ expenses = ₹10,000
- Other liabilities = ₹15,000
The court may assess financial capacity and award maintenance accordingly.
Illustrative maintenance:
₹20,000–₹35,000 monthly
Actual awards vary based on facts and evidence.
Consequences of Non-Payment of Maintenance
Failure to comply with maintenance orders may lead to:
- Recovery proceedings
- Salary attachment
- Property attachment
- Warrants where legally appropriate
- Additional court directions
Conclusion
Maintenance laws in India are designed to provide financial security and prevent hardship among dependent individuals. The introduction of Section 144 BNSS replaced the former Section 125 CrPC but retained the core objective of providing speedy relief to wives, children, and parents.
Although husbands generally cannot seek maintenance under Section 144 BNSS, they may claim maintenance under Sections 24 and 25 of the Hindu Marriage Act if they establish genuine financial dependency. Courts decide maintenance matters by considering income, liabilities, evidence, and fairness rather than following a rigid formula.
Frequently Asked Questions: How to Get Maintenance (Alimony) in India
Can a husband claim maintenance under Section 144 BNSS?
Generally no. Section 144 BNSS primarily protects wives, children, and parents.
Can a husband receive maintenance from his wife?
Yes. A husband may seek maintenance under Sections 24 and 25 of the Hindu Marriage Act.
Can a working wife receive maintenance?
Yes, if her income is insufficient.
What documents are needed for maintenance proceedings?
Marriage proof, income documents, bank statements, identity proof, expense records, and supporting evidence.
