Routes
| Law | What it gives | Notes |
|---|---|---|
| Section 144, BNSS (formerly s.125 CrPC) | Monthly maintenance | Summary proceeding; also covers children and parents |
| Section 24, Hindu Marriage Act | Interim maintenance and litigation expenses | Only while a matrimonial case is pending |
| Section 25, Hindu Marriage Act | Permanent alimony | At the time of or after decree |
| Section 18, Hindu Adoptions and Maintenance Act | Maintenance while living separately | Hindu wives |
| Section 20, Protection of Women from Domestic Violence Act | Monetary relief | Within a DV proceeding |
How the amount is decided
Courts consider the husband's income and liabilities, the wife's needs and income, the standard of living during the marriage, and children's needs. In Rajnesh v. Neha (2020), the Supreme Court required both parties to file disclosure affidavits, directed that maintenance be awarded from the date of application, and said amounts under different laws should be adjusted to avoid double payment.
Working wives
A wife who earns may still receive maintenance if her income is not enough to maintain the standard of living she was used to. It depends on the facts.
Enforcement
Unpaid maintenance can be recovered through enforcement proceedings, including attachment and, under some laws, imprisonment for default.
Related pages
Frequently Asked Questions
Can I claim under more than one law?
Is there a fixed percentage of salary?
From when is maintenance payable?
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.