Last reviewed: 27 September 2026. Laws and procedures change; check current rules before acting.
This guide follows a maintenance claim under section 144 of the Bharatiya Nagarik Suraksha Sanhita (formerly section 125 CrPC), the route most commonly used. In Delhi, such cases are heard by the family courts. For who can claim and how much, see wife maintenance and child maintenance.
Step by step
- Petition. Filed where the claimant or the respondent lives, or where they last lived together.
- Notice. The court issues notice to the husband or parent.
- Disclosure affidavits. Following Rajnesh v. Neha (2020), both sides file affidavits of assets, income and liabilities.
- Interim maintenance. The court can grant an interim amount while the case continues.
- Evidence. Income proof, expenses, and cross-examination if facts are disputed.
- Final order. A monthly amount, generally payable from the date of the application.
What to prepare
- Marriage proof and children's birth certificates.
- Your income details, or proof you have none.
- Evidence of the respondent's income: salary slips, tax returns, business details, lifestyle evidence.
- A monthly expense statement with receipts for school fees and medical costs.
If payments stop
An application for recovery can be filed. The court can issue a warrant to recover the arrears and may order imprisonment for default. Recovery of arrears must usually be sought within one year of the amount falling due, so do not wait.
Changing the amount
Either party can apply to alter the amount when circumstances change, for example a change in income or a child's education costs.
Other routes run alongside
| Route | When used |
|---|---|
| Section 24, Hindu Marriage Act | Interim maintenance while a divorce or other matrimonial case is pending |
| Section 20, Domestic Violence Act | Monetary relief within a DV case |
| Section 18, Hindu Adoptions and Maintenance Act | Maintenance for a Hindu wife living separately |
Courts adjust amounts across routes to avoid double payment.
Related services
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.