Maintenance lawyer: claiming or defending maintenance in India
Maintenance is money a court orders a person to pay towards the living costs of a spouse, child or parent. A claim can be made under section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), under personal law or under the Domestic Violence Act, and more than one route may be open. The court looks at actual needs and means.
We act for those claiming maintenance and for those asked to pay. Both sides have to file a full account of income and assets, so accuracy matters from the first day.
Last updated 8 November 2026 · VIVS Legal, Sanpada-Vashi, Navi Mumbai
Legal lead: Adv. Swanand Pandit, Advocate, High Court of Bombay
- General law
- Section 144 BNSS 2023, which replaced section 125 CrPC from 1 July 2024
- Key case
- Rajnesh v Neha (Supreme Court, 2020)
- Disclosure
- Affidavit of assets and liabilities by both parties
- Start date
- Generally from the date of application
- Fees
- Contact us
On this page
Which law can you claim under?
| Law | Who can claim |
|---|---|
| Section 144 BNSS 2023 | Wife, including divorced wife not remarried, children, parents; all communities |
| Hindu Marriage Act, sections 24 and 25 | Husband or wife, interim and permanent |
| Hindu Adoptions and Maintenance Act, sections 18 and 20 | Hindu wife, children, aged parents |
| Domestic Violence Act, section 20 | A woman in a domestic relationship, and her children |
| Muslim Women Act 1986 | Divorced Muslim woman; see below |
| Indian Divorce Act, sections 36 and 37 | Christian spouses |
| Parsi Marriage and Divorce Act, sections 39 and 40 | Parsi spouses |
| Special Marriage Act, sections 36 and 37 | Couples married under the Act |
Muslim women: In Mohd. Abdul Samad v State of Telangana (2024), the Supreme Court held that a divorced Muslim woman can also claim under the general maintenance provision. Danial Latifi v Union of India (2001) explains the rights under the 1986 Act.
How do courts work out the amount?
Rajnesh v Neha (2020) set the framework used across India. Both sides must file an affidavit of assets and liabilities in the prescribed form. Maintenance is generally payable from the date of the application, and courts must adjust amounts paid under different cases so nobody pays twice for the same need.
- Each party's income and earning capacity
- Reasonable needs and standard of living during the marriage
- Children's schooling, health and care
- Rent, loans and dependants
- Age and qualifications, and time out of work to raise a family
The law sets no fixed percentage in these Acts, and there is no cap on the amount under section 144. Earning some income does not automatically end a wife's claim, although it does affect the amount. Our guide to how Mumbai family courts decide maintenance gives a local view.
Are you being asked to pay?
Do not understate your income, as records are easy to check and a false affidavit can have serious consequences. File your real expenses, loans and dependants, with proof. If your income changes later, you can apply to alter the order.
Many cases settle by a one-time payment through a mediated settlement. Take advice on the tax and on whether it closes all claims.
Documents to bring
- Marriage certificate, and children's birth certificates.
- Income proof of both spouses: salary slips, tax returns, bank statements.
- Monthly expenses: rent, school fees, medical costs.
- The affidavit of assets and liabilities both sides must file (Rajnesh v Neha, 2020).
- Any earlier order and proof of what was or was not paid.
What decides the fee
- Agreed terms or a contested case.
- Interim applications along the way.
- How many hearings the case takes.
- A party abroad: service outside India, video hearings, a power of attorney.
- Court fees and stamp paper, paid at actuals.
We quote in writing once we have seen the papers. Call +91 8291849797 or book a consultation.
What if maintenance is not paid?
The court can order recovery, attach assets or salary and, under section 144, send a defaulter to jail for a limited period after the required process. Move early, as older arrears can face limits. NRI spouses raise extra questions on service and enforcement abroad, which our NRI divorce pages cover. Contact us on +91 8291849797 or +91 9167710454.
This page is general information, not legal advice. If you or a child are in immediate danger, call 112 first. Every family's facts differ, and the law can change, so we check the current position on your matter.
Frequently Asked Questions
Still have a question?
Speak with our legal team about your matter with clarity and confidence.
No fixed formula applies. The court looks at both incomes, needs, children and standard of living. A figure of 25 percent of net income was mentioned in one Supreme Court case as a benchmark for permanent alimony, but it is not a binding rule for all cases.
Yes, she may claim if her income is not enough to maintain the standard of living she had, although her income affects the amount.
Yes, under the Hindu Marriage Act and some other laws, if he cannot maintain himself. Section 144 BNSS does not provide this for a husband.
Yes, under section 144 BNSS, and also under the Maintenance and Welfare of Parents and Senior Citizens Act 2007.
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