What is maintenance?
Maintenance can be claimed under more than one law, and the choice affects the forum and relief. Interim maintenance can be sought while a case is pending.
Courts look at the income and assets of both parties, reasonable needs, lifestyle and liabilities. No fixed formula guarantees a particular amount.
Who may need this service
- A wife without sufficient income
- Children needing support
- Parents unable to maintain themselves
- A spouse facing a maintenance claim
Legal framework
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier section 125 CrPC); sections 24 and 25 of the Hindu Marriage Act; section 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956; section 20 of the DV Act, 2005; sections 36 and 37 of the Special Marriage Act.
In Rajnesh v. Neha (2020) the Supreme Court required both parties in maintenance cases to file an affidavit disclosing assets and liabilities, and gave guidance on overlapping claims under different laws.
Documents generally required
- Marriage proof
- Income proof (salary slips, ITRs, bank statements)
- Expense records (rent, school fees, medical)
- Children's documents
- Affidavit of assets and liabilities
Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.
Procedure
- Assess the claim. Choose the right law and forum.
- Petition. File with income and expense evidence.
- Disclosure affidavits. Both sides file asset and liability affidavits.
- Interim order. Court may award interim maintenance.
- Final order. Maintenance fixed after hearing.
Common problems we see
- Concealed income
- Overlapping claims in multiple forums
- Non-payment of ordered maintenance
How an advocate can help
- Prepare disclosure and evidence
- Argue interim and final maintenance
- Seek enforcement of orders
Delhi courts and NCR
In Delhi, family courts sit in the district court complexes. We assist in matters at Tis Hazari Courts, Saket Courts, Patiala House Courts, Karkardooma Courts, Rohini Courts, Dwarka Courts, and in NCR at the district courts of Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad. The correct court depends on jurisdiction rules for your case.
Related services
Legal guides
Frequently Asked Questions
How is maintenance amount decided?
Can a husband claim maintenance?
What if maintenance is not paid?
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.