Maintenance and Alimony in India: Laws, Rights, Process

Maintenance is meant to make sure a spouse or child is not left without support when a marriage breaks down. Several laws provide it, and the Supreme Court has set rules on how courts should decide it.

By TrueSaath · published 2026-10-22 · checked October 2026 · general information, not legal advice

The different laws that provide maintenance

Maintenance in India comes from more than one law, and a person can sometimes use more than one route:

Section 24, Hindu Marriage Act, 1955: maintenance pending the case and litigation expenses, for either spouse who has no independent income sufficient for support.
Section 25, Hindu Marriage Act: permanent alimony and maintenance when the court passes a decree, as a lump sum or periodic payments.
Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): this replaced section 125 of the old CrPC from 1 July 2024. A magistrate can order a person with sufficient means who neglects or refuses to maintain a wife, child or parent to pay monthly maintenance. "Wife" here includes a divorced woman who has not remarried.
Section 20, Domestic Violence Act, 2005: monetary relief, including maintenance, for a woman facing domestic violence. See the Domestic Violence Act.
Section 18, Hindu Adoptions and Maintenance Act, 1956: a Hindu wife's right to be maintained by her husband during her lifetime, including in some situations where she lives separately.
Sections 36 and 37, Special Marriage Act, 1954: interim and permanent maintenance for marriages under that Act.

Interim and permanent

Interim maintenance is paid while the case is pending, so that the weaker party can live and fight the case. Permanent alimony is decided at the end, often as part of a divorce decree or a settlement in a mutual consent divorce.

How courts decide the amount: Rajnesh v. Neha

In Rajnesh v. Neha (4 November 2020), the Supreme Court found that maintenance cases were slowed down by vague claims and hidden incomes, and laid down guidelines that apply across family courts, district courts and magistrates:

Both parties must file an Affidavit of Disclosure of Assets and Liabilities in the format the Court set out, in all maintenance proceedings, including pending ones.
Where a person has claims under more than one law, the court should take the earlier order into account and adjust or set off amounts, so the same need is not paid for twice. Parties must disclose earlier proceedings and orders.
The Court listed factors for the amount, such as the status of the parties, reasonable needs of the wife and children, the applicant's own income and qualifications, the respondent's income and liabilities, and the standard of living during the marriage.
Maintenance is to be awarded from the date of the application.
Orders can be enforced through the civil and criminal processes available, including attachment and, under the criminal provisions, imprisonment for default.

In 2023 the Supreme Court noted that these guidelines were not being followed in many courts and directed that the judgment be circulated to judicial officers.

Muslim women and section 125 / 144

In Mohd. Abdul Samad v. State of Telangana (10 July 2024), the Supreme Court held that the maintenance provision in section 125 CrPC applies to all women, including divorced Muslim women, and is not displaced by the Muslim Women (Protection of Rights on Divorce) Act, 1986. A divorced Muslim woman can use either route. The same reasoning is expected to carry over to BNSS section 144, which reproduces the provision. See our page on Muslim marriage law.

Who can claim

Wife: under all the laws above, subject to their conditions. Under section 144 BNSS a wife living in adultery, refusing without sufficient reason to live with her husband, or living separately by mutual consent is not entitled.
Husband: under sections 24 and 25 of the HMA, a husband without sufficient income can also claim from his wife.
Children: minor children, and in some cases adult children who cannot support themselves.
Parents: under section 144 BNSS, parents unable to maintain themselves.

Steps to claim

Talk to a lawyer or your District Legal Services Authority about the right forum: family court, magistrate, or the court already hearing your divorce.
Prepare the disclosure affidavit with honest figures, salary slips, tax returns, bank statements and a list of monthly expenses.
Ask for interim maintenance early.
If payments stop, apply to the court for enforcement rather than letting arrears build up.

This page is general information, not legal advice. Laws and procedures change, and courts may read them differently in your facts. For your own situation, speak to a lawyer, or get free legal aid through your District Legal Services Authority or NALSA's toll-free legal aid helpline 15100. More guides are on our marriage law hub.

Free legal help. Anyone can ask the District Legal Services Authority in their district for free legal aid; women and children are eligible whatever their income. In an emergency, call 112.

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Questions people ask

What replaced section 125 CrPC for maintenance?

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024, now provides maintenance for wives, children and parents.

Can a husband claim maintenance from his wife in India?

Yes. Sections 24 and 25 of the Hindu Marriage Act allow either spouse without sufficient income to claim interim maintenance and permanent alimony.

What is the affidavit of disclosure in maintenance cases?

It is a sworn statement of income, assets, liabilities and expenses that both parties must file under the Supreme Court's 2020 guidelines in Rajnesh v. Neha.

Can a divorced Muslim woman claim maintenance under the criminal law provision?

Yes. In Mohd. Abdul Samad v. State of Telangana (2024), the Supreme Court held that the provision applies to all women, including divorced Muslim women.

Can I get maintenance under more than one law?

You can file under more than one law, but you must disclose earlier orders, and courts adjust amounts so the same need is not paid twice.

Sources

Checked in October 2026. Laws, rules and court positions change; confirm the current position before acting on it.

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