Three routes to maintenance
Maintenance claims in India generally arise in three ways: interim maintenance during a divorce case under Section 24 of the Hindu Marriage Act, permanent alimony at the time of decree under Section 25, and maintenance for wives, children and parents under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 125 of the Code of Criminal Procedure. Other statutes, such as the Domestic Violence Act and the Hindu Adoptions and Maintenance Act, also provide relief.
Interim maintenance
Section 24 lets the court order the spouse with higher income to pay monthly maintenance and litigation expenses to the spouse who has no independent income sufficient for support. The relief is available to either husband or wife.
Permanent alimony
Under Section 25, the court can order a gross sum or periodical payment at the time of the decree or later. It considers the income and property of both parties, their conduct and other relevant circumstances.
Maintenance under Section 144 BNSS
A wife who cannot maintain herself, minor and adult children unable to maintain themselves, and parents can claim maintenance from a person with sufficient means who neglects or refuses to maintain them. In Mohd. Abdul Samad v. State of Telangana (2024), the Supreme Court held that a divorced Muslim woman can also claim maintenance under Section 125 CrPC, now Section 144 BNSS.
How amounts are fixed
In Rajnesh v. Neha (2020), the Supreme Court directed that both parties file an affidavit of assets and liabilities in maintenance matters, so that the court has full financial information. In Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017), the Court noted that awarding about one fourth of the husband's net salary as permanent alimony is a fair guide, though each case is decided on its facts. Factors include the standard of living during the marriage, the earning capacity and responsibilities of both spouses, and the needs of children.
Enforcement
Non-payment can lead to recovery proceedings, attachment of income and, under the BNSS, imprisonment for up to one month for each unpaid month. False or incomplete disclosure of income can be raised against the defaulting party.
Frequently Asked Questions
Q. Can a working wife claim maintenance?
A. Yes, if her income is insufficient to maintain herself at a level reasonably comparable to the marital standard, though the amount will take her earnings into account.
Q. Can a husband claim alimony?
A. Under Sections 24 and 25 of the Hindu Marriage Act, either spouse can claim it, subject to need and the other party's means.
Disclaimer: This article is for general information only and is not legal advice. The law may change, and the facts of each matter differ.