There is no fixed formula or percentage in Indian law for maintenance. In a maintenance case, the court looks at what the wife and children reasonably need, what the husband actually earns and owns, and the standard of living the family had. It then fixes a monthly amount, and in a divorce, sometimes a one-time sum called permanent alimony.
To make that assessment honest, the Supreme Court in Rajnesh v. Neha (2020) made it compulsory for both spouses to file a sworn affidavit disclosing their income, assets and liabilities. Most of the argument in a Bengaluru maintenance case is now about what those affidavits show and hide.
This article explains which law to file under, how interim and final maintenance work, and what the court considers when it fixes the number.
The four laws for maintenance
A wife or child can claim maintenance under more than one law. Each has a different court and purpose.
| Law | Who can claim | Where it is filed |
|---|---|---|
| Section 144 BNSS (earlier Section 125 CrPC) | Wife unable to maintain herself, children, and parents. Any religion. | Family court in Bengaluru city |
| Sections 24 and 25, Hindu Marriage Act | Either spouse, during a divorce or other marriage case (24) and at the end of it (25) | Family court, in the divorce case |
| Hindu Adoptions and Maintenance Act, 1956 | A Hindu wife, minor children and some dependants, without a divorce case | Family court |
| Section 20, Domestic Violence Act | A woman facing domestic violence, and her children, as part of a DV case | Magistrate’s court |
The Hindu Marriage Act sections are available to the husband too, if he has no independent income sufficient for his support. In practice, most claims are by wives and children.
Section 144 BNSS: the quick, common route
Section 144 BNSS is the route most people use, because it is open to everyone and is meant to be quick. A wife can claim it if she is unable to maintain herself and her husband, having enough means, neglects or refuses to maintain her. Children, whether or not born in a marriage, and parents can also claim.
The court can order a monthly allowance and also interim maintenance while the case is pending. The law says the interim application should, as far as possible, be decided within sixty days of notice to the other side. Complaints filed before 1 July 2024 continue under Section 125 CrPC.
HMA Sections 24 and 25: inside a divorce case
If a divorce case is already running, the wife (or husband) can apply under Section 24 of the Hindu Marriage Act for maintenance during the case and for litigation expenses. At the end, under Section 25, the court can order permanent alimony as a lump sum or as a monthly or periodic payment.
Can you claim under more than one law?
Yes, but you cannot be paid twice for the same need. Rajnesh v. Neha said that when a later court decides maintenance, it must be told about earlier orders and should adjust or set off amounts already awarded. Every applicant must disclose any earlier maintenance case and the order passed in it.
The Rajnesh v. Neha affidavit
The Rajnesh v. Neha guidelines apply to all maintenance cases in family courts, district courts and magistrate courts across India. Both sides must file an affidavit of disclosure of assets and liabilities in a standard format. It asks about:
- salary, business income and other income
- bank accounts, fixed deposits, investments, property and vehicles
- loans, EMIs and other liabilities
- monthly expenses of the household and of the children
- educational qualifications and employment history
The affidavit is sworn. A false or incomplete affidavit can lead to proceedings for perjury, and courts draw adverse conclusions when a spouse hides income. Prepare it carefully, attach salary slips, Form 16, income tax returns and bank statements, and keep copies.
How the court works out the amount
The Supreme Court in Rajnesh v. Neha listed factors that courts should weigh. Among them:
- the reasonable needs of the wife and children
- the standard of living they had during the marriage
- the wife’s education, qualifications and earnings, if any, and whether her income is enough to keep up that standard
- whether she gave up work to look after the family or the children
- the husband’s actual income, his reasonable expenses and his liabilities, including dependent parents
- the children’s costs: food, clothing, housing, school, medical needs and reasonable extracurricular expenses
- litigation costs for a wife who is not working
A wife who earns something is not automatically shut out. The question is whether her earnings let her live as she did during the marriage. Equally, the amount must be fair to the husband. Courts do not fix a figure that leaves him unable to support himself.
There is no rule that maintenance is a fixed share of salary. You may see figures quoted online, but each case is decided on its own facts.
From which date is maintenance paid?
Rajnesh v. Neha held that maintenance should be awarded from the date of the application, not from the date of the order. This matters because cases take time. The arrears for the period in between become payable.
Permanent alimony at the time of divorce
Permanent alimony under Section 25 of the Hindu Marriage Act is decided at the end of a divorce case, or agreed in a mutual consent divorce. The court looks at the income and property of both parties, the length of the marriage, the standard of living, and any money already set aside for the children. A one-time settlement is often preferred because it ends financial ties. In a mutual divorce, the amount and the payment schedule are written into the settlement.
When the husband does not pay
A maintenance order is enforceable. Under Section 144 BNSS, the court can issue a warrant to recover the amount as if it were a fine, and can send the defaulter to prison for up to a month for each unpaid amount or until payment, whichever is earlier. The application for recovery must be made within one year from the date the amount fell due, so do not let arrears pile up for years.
Rajnesh v. Neha also said maintenance orders can be enforced like a civil court decree, by attaching salary or property, and in serious cases a court can strike off the defence of a spouse who wilfully refuses to pay.
If the husband’s income has genuinely fallen, or the wife’s has risen, either side can apply to change the amount. Stopping payment on your own is not an option.
Maintenance for children
A child’s right to maintenance is separate from the wife’s. It does not end because the parents divorce, or because the mother remarries. The court decides child support on the child’s needs and the parents’ means, and will usually fix it alongside custody and visitation. For a fuller picture of family court work, see our page for a divorce lawyer in Bangalore.
Questions people ask
How much maintenance will a wife get in India?
There is no fixed percentage. The court looks at the needs of the wife and children, the standard of living during the marriage, both parties’ incomes and the husband’s liabilities, based on the affidavits of assets and liabilities.
Can a working wife claim maintenance?
Yes, if her income is not enough to maintain the standard of living she had during the marriage. Her earnings are taken into account in deciding the amount.
What is the difference between maintenance and alimony?
Maintenance usually means a monthly payment during or after a case. Alimony usually refers to the permanent amount fixed at the time of divorce, which can be a lump sum or periodic payments.
What is Section 125 CrPC called now?
From 1 July 2024, maintenance of wives, children and parents is under Section 144 of the Bharatiya Nagarik Suraksha Sanhita. Cases filed earlier continue under Section 125 CrPC.
What happens if the husband does not pay maintenance?
The wife can apply for recovery. The court can issue a warrant, attach salary or property, and send the defaulter to jail. Apply within one year of each amount falling due.
Talk to us about your matter
Call or WhatsApp to fix a time. Bring your papers to the office in Rajarajeshwari Nagar.
This article is general information about the law as it stood when it was written. Your facts change the answer. Speak to an advocate before you act on it.