What Is Maintenance?
What Is Maintenance and Alimony?
Support During and After a Marriage
The Legal Framework
"If any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, or his legitimate or illegitimate minor child, or his father or mother unable to maintain himself or herself, a Magistrate may order monthly maintenance." — Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023 (paraphrased)
Maintenance is the money one person is legally required to provide for another person's basic needs. Alimony is the same idea in a matrimonial case: support paid by one spouse to the other during or after divorce or judicial separation. Child support and maintenance for parents follow the same principle, but with different tests and forums.
There is no fixed formula. Courts look at the payer's income, assets, and liabilities, the claimant's needs, the standard of living during the marriage, the duration of the marriage, the age and health of the parties, and the needs of children. A spouse cannot escape maintenance by simply leaving a job or hiding income, and a claimant cannot treat maintenance as a windfall.
Maintenance can be claimed in a criminal summary proceeding before a magistrate, in a matrimonial petition before a Family Court, under the Domestic Violence Act, or under the personal law that applies to the parties. Some claims run parallel, but you cannot recover the same amount twice. Choosing the right forum first saves years.
Key Terms You Will Hear
These words appear in petitions, affidavits, and maintenance orders, so learn them early.
| Term |
Meaning |
| Maintenance |
Money for food, shelter, clothing, medical needs, and other reasonable expenses |
| Alimony |
Spousal support granted in a matrimonial proceeding, either interim or permanent |
| Interim maintenance |
Temporary support ordered while the main case is pending |
| Permanent alimony |
Support ordered at the end of a divorce or matrimonial case, as monthly payment or a lump sum |
| Pendente lite |
Literally "during the suit"; interim maintenance and litigation expenses under Section 24 of the Hindu Marriage Act, 1955 |
| Affidavit of disclosure |
A sworn statement of income, assets, liabilities, and expenses, following the Rajnesh v. Neha guidelines |
| Enforcement |
Steps to recover unpaid maintenance, including attachment or other coercive orders |
Common Claims
Six Kinds of Maintenance Claims We Handle,
From Interim Support to Enforcement
Support claims take different forms. These six reach us most often.
Interim Maintenance
Monthly support and litigation expenses while a divorce, restitution, or nullity petition is pending.
Permanent Alimony
Financial support fixed at the end of the case, either as a monthly amount or a one-time lump sum.
Child Maintenance and Support
School fees, medical costs, and daily needs for minor children, and support for children unable to maintain themselves.
Maintenance for Parents
Support for a father or mother unable to maintain themselves, from children who have sufficient means.
Domestic Violence Monetary Relief
Monthly relief, medical expenses, and compensation under the Protection of Women from Domestic Violence Act, 2005.
Arrears and Enforcement
Recovery of unpaid maintenance, variation of an order, and execution when the payer defaults.
Eligibility
Basic Eligibility Rules
and Who This Is For
Not every claim succeeds. These basics apply:
- The claimant must be unable to maintain themselves, or must be a wife, minor child, or parent covered by the law.
- The person against whom the claim is made must have sufficient means to pay.
- The claim must be filed in the correct forum, and the marriage, parentage, or relationship must be proved.
- Income, assets, and expenses must be disclosed honestly, with documents and an affidavit where required.
- A wife or husband seeking support during a divorce or separation.
- A parent caring for children after the other spouse stops contributing.
- A woman facing domestic violence and financial control.
- An elderly parent whose children refuse to support them.
- A payer facing an inflated or duplicated maintenance claim.
- A person trying to enforce unpaid maintenance or modify an existing order.
The Governing Laws
The Governing Laws Behind Your Claim:
BNSS, HMA, HAMA and the DV Act
The applicable law depends on the relationship, the religion of the parties, and the forum.
For a Quick Monthly Order and Family Support
Section 144 BNSS gives a magistrate power to order monthly maintenance for a wife, children, and parents. The Hindu Adoptions and Maintenance Act, 1956 separately governs a wife's maintenance, children's support, and parents' rights in a civil claim.
- Summary monthly maintenance under BNSS 144
- No upper limit fixed by the section
- Civil maintenance under HAMA
For Alimony Inside a Matrimonial Case
Section 24 of the Hindu Marriage Act, 1955 provides interim maintenance and litigation expenses, and Section 25 provides permanent alimony. The Special Marriage Act, 1954, the Indian Divorce Act, 1869, and other personal laws contain parallel provisions for their respective marriages.
- Interim maintenance and case expenses
- Permanent alimony, monthly or lump sum
- Variation of an existing order
For Violence, Financial Control, and Religion-Specific Rules
The Protection of Women from Domestic Violence Act, 2005 allows monetary relief and compensation before a magistrate. For Muslim parties, the Muslim Women (Protection of Rights on Divorce) Act, 1986 governs post-divorce support, and BNSS 144 remains available to a wife in need.
- Monetary relief and compensation under the DV Act
- Post-divorce support under personal law
- Protection and residence orders alongside support
How the Amount Is Decided
How Courts Decide
the Maintenance Amount
There is no fixed percentage written into the statute. In Rajnesh v. Neha (2020), the Supreme Court standardised financial disclosure and listed the factors courts should weigh.
| Factor |
What the Court Looks At |
| Income and earning capacity |
Salary, business profit, rent, investments, and the ability to earn, not just the current payslip |
| Assets and liabilities |
Property, loans, EMIs, dependants, and other financial obligations of both parties |
| Standard of living |
The lifestyle the claimant had during the marriage and whether it can reasonably continue |
| Duration of marriage |
A long marriage, lost career opportunities, and contributions to the household carry weight |
| Age and health |
Medical needs, disability, and the claimant's ability to become self-supporting |
| Children's needs |
School fees, medical care, childcare, and the parent who bears the day-to-day cost |
| Conduct and disclosure |
Domestic violence, concealment of income, and failure to file a truthful affidavit of assets |
Courts have sometimes used roughly one-fifth to one-fourth of the payer's net income as a starting point, but that is not a rule and can move sharply with facts. A claimant with independent income may still receive support if the standard of living cannot be maintained; a payer with genuine debts may pay less.
Our Process
Filing a Maintenance Case:
Step by Step
Each court runs at its own pace. The timelines below are estimates, not promises.
Step 1 · Day 1
Consultation and Forum Selection
We review the marriage records, income documents, children's expenses, and any existing order. Then we choose between a magistrate's BNSS 144 petition, a Family Court application, a DV Act claim, or a personal-law remedy.
Same Day to 3 Days
Step 2 · Week 1
Drafting the Petition and Affidavit
We draft the maintenance petition with a precise statement of needs and a truthful affidavit of disclosure. Supporting documents are indexed, and interim relief is sought immediately where support is urgent.
3 to 7 Days
Step 3 · Weeks 2 to 8
Filing, Notice, and Interim Maintenance
The petition is filed and notice is served. The court may grant interim maintenance after hearing both sides. The Rajnesh guidelines push for early disposal of interim applications, though actual timelines depend on the court.
Weeks to a Few Months
Step 4 · Months 2 to 12
Evidence, Income Proof, and Mediation
Both sides file affidavits and documents. Salary slips, bank statements, tax returns, and business records are examined. Courts encourage mediation, and a recorded settlement can resolve support and children's expenses together.
Several Months, Court Dependent
Step 5 · Final Stage
Order, Variation, and Enforcement
The court fixes maintenance, arrears, and costs. If the payer defaults, we seek enforcement. If circumstances change, either side can apply to vary the amount, but the change must be proved.
Enforcement Follows the Order
Important Note on Disclosure: Never understate income or hide assets in an affidavit. Courts can draw an adverse inference, award higher maintenance, and order costs. Keep salary slips, bank statements, tax returns, and property records ready for both sides of the case.
Master Checklist
Documents You Will Need for
a Maintenance Claim
Support cases turn on proof of relationship, income, and need. Start collecting these now.
Essential Paperwork: Relationship and Identity
Identity and Address Proof
Aadhaar, PAN, passport, and the current address of both parties.
Marriage Proof
Marriage certificate, wedding photographs, invitation, or an affidavit where registration is missing.
Children's Documents
Birth certificates, school records, and medical papers for child support.
Existing Petitions or Orders
Divorce papers, earlier maintenance orders, and any settlement or mediation record.
Financial Documents: Income and Need
Payer's Income Proof
Salary slips, Form 16, tax returns, bank statements, property records, and business accounts.
Claimant's Income and Expenses
Bank statements, rent, medical bills, school fees, and a monthly expense chart.
Affidavit of Disclosure
A sworn statement of assets, liabilities, and expenses for both parties, as directed in Rajnesh v. Neha.
Loan and Liability Records
EMIs, credit card dues, and dependant expenses that affect the ability to pay.
Conditional Documents (Based on Your Case)
Domestic Violence Evidence
Medical records, complaints, messages, and witness details for a DV Act claim.
Business or Partnership Records
Where income is shown through a firm, company, or family business.
Earlier Settlement or Decree
For enforcement, variation, or a defence against a duplicated claim.
Crucial Compliance Note: Do not transfer, conceal, or undervalue assets after a maintenance claim starts. Courts can undo transactions, impute income, and award arrears. Also avoid filing the same claim in two forums for the same period without disclosing the earlier case.
Avoid These
Common Mistakes That
Weaken a Maintenance Case
Support cases reward preparation and punish exaggeration. Steer clear of these five.
Hiding Income or Assets
A false affidavit can backfire with higher maintenance, costs, and a loss of credibility.
Inflated or Unsupported Claims
Claims that ignore the payer's actual liabilities and the claimant's own income are trimmed by courts.
Waiting Without Interim Relief
A final order can take months. Ask for interim maintenance and litigation expenses early.
Filing in the Wrong Forum
A Family Court, magistrate, and DV Act magistrate have different powers and procedures.
Ignoring the Order
A payer who skips instalments faces enforcement, and a claimant who accepts less without a record may struggle later.
Jurisdiction & Timeline
Courts, Jurisdiction,
and Realistic Timelines
A BNSS 144 petition can be filed before a magistrate in the district where the husband lives, where the wife lives, or where the parties last lived together. A matrimonial petition under the Hindu Marriage Act goes to the Family Court or district court with jurisdiction under Section 19. A DV Act application can be filed where the aggrieved woman resides, is employed, or where the violence occurred.
Interim maintenance is often the first meaningful order. Courts are expected to decide interim applications promptly, and the Rajnesh guidelines require financial disclosure from both sides. A contested final maintenance case can run for months or years, especially where income is hidden or the parties fight every interim step.
Monthly maintenance is usually paid from the date of the order, and sometimes from the date of the application, depending on the facts and the forum. Arrears can be enforced, but the longer you wait without an order or a written record, the harder recovery becomes. These are ranges, not promises.
Why Choose Us
Why Trust LegalRaahi
With Your Maintenance Case
Our Core Standard
Dignity, Disclosure, and
Honest Expectations
01
Family Law Advocates, Not Generalists
Our network handles maintenance, divorce, and DV Act matters regularly. They know how courts read income documents and expense affidavits.
02
Registered Advocates You Can Verify
Every advocate on your matter is enrolled with a State Bar Council. Ask for the details and check them yourself.
03
Discretion for Sensitive Matters
Income details, family conflict, and children's information stay with the team handling your matter.
04
Plain Talk About the Odds
Nobody can promise an amount, and we refuse to. You get a candid view of the likely range, the evidence gaps, and the cost.
05
Support After the Order
If the payer defaults, we help with enforcement. If circumstances change, we advise on variation before you act.
4.8★
Client Rating for Family Law Services
Our Promise
- Free consultation before you commit
- One advocate for your entire case
- Pan-India service, any court
- Online and in-person court support
Client Stories
People Who Trusted LegalRaahi
With Their Maintenance Case
Interim Maintenance · Order Secured
★★★★★
"After I moved out with my daughter, my husband stopped helping with school fees. LegalRaahi filed for interim maintenance with a clear expense chart. The court ordered support while the divorce case continued."
Permanent Alimony · Lump Sum
★★★★★
"My marriage had lasted twenty years and I had given up my career. The advocate documented my contribution and the family assets. We settled on a lump sum that felt fair and avoided a long trial."
Child Support · Expenses Covered
★★★★★
"My ex-husband paid a small amount that did not cover our son's therapy. LegalRaahi sought a variation with medical bills and school records. The order was revised without reopening the whole divorce."
Parent Maintenance · Order Enforced
★★★★☆
"My sons stopped contributing after my husband's death. LegalRaahi helped me file under the senior-citizen and maintenance provisions. The magistrate ordered monthly support, and it is now being paid."
SK
Sushila
Retired Teacher, Bhopal
DV Act Relief · Support and Protection
★★★★★
"I was financially controlled and afraid to leave. The advocate filed a DV Act application with monetary relief and a protection order. Having a clear legal plan changed everything."
NF
Nadia
Designer, Bengaluru
Defence Against Inflated Claim
★★★★★
"I was willing to pay, but the demand ignored my loans and my daughter's expenses. LegalRaahi prepared a truthful affidavit and the court fixed a realistic amount. The process was stressful but fair."
FAQs
Frequently Asked
Questions
Who can claim maintenance in India?+
Under Section 144 BNSS, a wife unable to maintain herself, legitimate or illegitimate minor children, parents unable to maintain themselves, and in some cases adult children with disability can claim monthly maintenance from a person with sufficient means. Under matrimonial laws, either spouse can seek interim maintenance and permanent alimony in a pending case. Under HAMA, a wife, children, and parents have separate civil rights.
Is there a fixed formula or maximum amount for maintenance?+
No. Section 144 BNSS does not set a maximum. Courts weigh income, assets, liabilities, the claimant's needs, the standard of living, the duration of the marriage, age, health, and children's expenses. Some judgments have used around one-fifth to one-fourth of net income as a starting point, but the final figure depends on the facts and can be higher or lower.
What is the difference between interim maintenance and permanent alimony?+
Interim maintenance is temporary support paid while the main case is pending, usually under Section 24 of the Hindu Marriage Act or Section 144 BNSS. Permanent alimony is decided at the end of the case under Section 25 HMA or the parallel provision in the applicable law, and can be a monthly amount or a lump sum. Permanent alimony can later be varied if circumstances change.
Can maintenance be claimed under the Domestic Violence Act as well?+
Yes. A woman facing domestic violence can seek monetary relief for expenses, medical costs, and loss of earnings, plus compensation under the DV Act. That remedy can run alongside a maintenance petition, but the court will avoid double recovery for the same period. The DV Act route also offers protection and residence orders that a maintenance case does not.
What happens if the payer does not pay maintenance?+
The claimant can apply for enforcement of the order. A magistrate can use coercive steps for arrears, and a civil court can execute a maintenance decree. Keep a record of every missed payment and every communication. If the payer has genuinely lost income, they can seek variation, but they cannot simply ignore the order.
Can maintenance be reduced or increased later?+
Yes. Either side can apply for variation if there is a material change in income, liabilities, health, or the claimant's needs. The court will require proof, not mere assertions. Concealment of income or assets can lead to a higher order, while genuine unemployment or new dependants can support a reduction.
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