Maintenance for Wife and Children in India: A Simple Guide to Section 144 BNSS, HMA and the DV Act
When a marriage breaks down, the most urgent question is often money: how will the wife and children manage day to day? Indian law gives them a right to claim maintenance. This guide explains, in plain language, who can claim it, which law to use, how much courts award, and what happens if it isn't paid.
In short • A wife who cannot support herself, children, and elderly parents can claim a monthly amount from a husband or child who has enough means. • There are four different laws you can use. You can use more than one, but courts adjust the amounts so you are not paid twice. • Both sides must disclose their income and assets on affidavit. • Maintenance is usually paid from the date you apply, and there is no maximum amount. |
What is maintenance?
Maintenance is a regular payment, usually monthly, to cover basic living costs: food, housing, clothes, medical care and children's education.
Interim maintenance is paid while the case is going on.
Permanent alimony is decided when the divorce case ends, either as a lump sum or as regular payments.
Which law can I use?
Law | Who can claim | When it is used | Court in Delhi |
Section 144 BNSS (formerly Section 125 CrPC) | Wife, children and parents, of any religion | A standalone claim; the most common route | Family Court |
Sections 24 and 25, Hindu Marriage Act | Husband or wife | During a divorce or other matrimonial case, and at its end | The Family Court hearing that case |
Section 18, Hindu Adoptions and Maintenance Act | A Hindu wife living separately for a valid reason | A separate civil claim | Family Court |
Section 20, Domestic Violence Act, 2005 | A woman facing domestic violence | Together with protection and residence orders | Magistrate's court |
Can I use more than one? Yes. But you must tell each court about the other cases and any amounts already awarded, and the court will take them into account.
Who can claim under Section 144 BNSS?
A person with enough means who neglects or refuses to support any of the following can be ordered to pay:
a wife who cannot support herself, including a divorced wife who has not remarried;
children who cannot support themselves; and
a father or mother who cannot support themselves.
A wife cannot claim under this section if she is living in adultery, refuses to live with her husband without a good reason, or they live apart by mutual agreement.
In 2024, the Supreme Court confirmed that Muslim women can also claim under this provision (Mohd. Abdul Samad v. State of Telangana).
How much will the court award?
There is no fixed formula and no upper limit. In Rajnesh v. Neha (2021), the Supreme Court set rules that all courts now follow:
What the court looks at | What it means in practice |
Income and assets of both sides | Both must file an affidavit listing income, property, expenses and debts |
Reasonable needs | Rent, food, school fees, medical costs and similar expenses |
Standard of living | What the wife and children were used to during the marriage |
Wife's own income | A working wife can still claim if her income is not enough to keep that standard |
Husband's responsibilities | Other dependants, such as elderly parents, and genuine loans |
Career sacrifice | Whether the wife gave up work to look after the family |
The Supreme Court has also said that an able-bodied husband cannot avoid paying simply by claiming he has no job (Anju Garg v. Deepak Kumar Garg, 2022).
A recent example In October 2026, the Delhi High Court held that retirement savings are "capital", not monthly income. So a spouse's savings cannot simply be treated as salary, but the interest or returns they earn must be counted. |
How long does it take?
A full maintenance case can take time. That is why you can apply for interim maintenance at the start. The law says interim applications should, as far as possible, be decided within 60 days of the other side receiving notice.
Step by step: how to claim maintenance
Collect documents showing your expenses and anything you know about your husband's income.
File a petition before the Family Court. You can file where you live (Section 145 BNSS). See where to file for divorce and related cases in Delhi.
File the affidavit of disclosure of your own income, assets and expenses.
Ask for interim maintenance so support starts while the case continues.
Evidence and final order: the court hears both sides and fixes the amount, payable from the date you applied.
What if he doesn't pay?
Recovery: the court can issue a warrant to recover the amount due, and can send a person who still does not pay to jail for up to one month for each month's unpaid amount (Section 144(3) BNSS).
Time limit: you must apply for recovery within one year from the date the amount became due.
Change in circumstances: either side can ask the court to increase or reduce the amount if things change, such as a new job or higher school fees (Section 146 BNSS).
Documents to keep ready
Salary slips, income tax returns and Form 16
Bank statements and details of investments and property
A monthly expense list: rent, school fees, medical costs
Copies of any earlier maintenance orders or cases
If you are facing violence, see what to do if your husband abuses you
Frequently asked questions
Can a working wife claim maintenance?
Yes. Earning some income does not by itself stop a wife from claiming. The court asks whether her income is enough to keep the standard of living she had during the marriage.
From when is maintenance paid?
Usually from the date the application was filed, not from the date of the order (Rajnesh v. Neha, 2021).
Is there a maximum amount of maintenance?
No. There is no upper limit under Section 144 BNSS. The amount depends on the needs of the person claiming and the means of the person paying.
Can a husband claim maintenance from his wife?
Yes, under Sections 24 and 25 of the Hindu Marriage Act, if he has no sufficient independent income and the case is under that Act.
What if my husband says he has no income?
Both sides must disclose income and assets on affidavit, and the court looks at lifestyle, qualifications and earning capacity. The Supreme Court has held that an able-bodied husband must earn to support his wife and children.
Last updated: 26 October 2026. This article is for general information only and does not constitute legal advice.
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