Maintenance & Alimony in India: Who Gets What, and How Much

Few questions in a separation are fought over more bitterly than money — specifically, maintenance and alimony. How much must one spouse pay the other? For how long? What about the children, or elderly parents? And what happens if the wife is also earning? If you are dealing with these questions in Bengaluru, this guide sets out the law clearly and gives you a realistic picture of how courts decide.

Maintenance law in India is scattered across several statutes, and the amounts are not fixed by any formula. That uncertainty is exactly why sound legal advice matters: two similar-looking cases can end very differently depending on how the incomes, needs and evidence are presented.

Maintenance vs alimony: what is the difference?

The two words are often used interchangeably, but there is a useful distinction:

• Maintenance is ongoing financial support — usually a monthly amount — paid so that a spouse, child or dependent parent can meet their basic needs. It can be claimed during a marriage, during a case, or after divorce.
• Alimony usually refers to the final settlement at the time of divorce — either a lump-sum, one-time payment or a permanent monthly amount fixed by the court.

In everyday practice you will hear both terms used loosely. What matters is not the label but the legal provision under which the claim is made, because that decides who can claim, how fast, and from which court.

The many laws under which you can claim

Maintenance can be claimed under several different laws, sometimes at the same time:

• Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced the old Section 125 of the Criminal Procedure Code) — a fast, secular remedy before the Magistrate. A wife, minor children, and parents unable to maintain themselves can claim. This is the most commonly used provision because it is quick and applies regardless of religion.
• Hindu Marriage Act, 1955 — Section 24 allows interim maintenance and litigation expenses during a matrimonial case; Section 25 allows permanent alimony after the decree. These are gender-neutral: a husband too can claim if he is the weaker party.
• Hindu Adoption and Maintenance Act, 1956 — Section 18 gives a Hindu wife a right to maintenance from her husband; other sections cover children and aged parents.
• Protection of Women from Domestic Violence Act, 2005 — allows monetary relief, including maintenance, as part of a domestic violence case.
• Special Marriage Act, 1954 — contains its own maintenance and alimony provisions for civil and inter-faith marriages.
• Muslim law — maintenance during and after marriage is governed by personal law and the Muslim Women (Protection of Rights on Divorce) Act. In 2024 the Supreme Court confirmed that a divorced Muslim woman can also claim maintenance under the general criminal-law provision.

Who can claim maintenance?

The right to maintenance is wider than many people assume. Broadly, the following can claim:

• A wife — including, in many situations, a wife who has been deserted or is living separately for a valid reason, and a divorced wife who has not remarried.
• Children — minor children are entitled; a major child may also claim if unable to maintain themselves due to a disability, and an unmarried daughter may be entitled to support.
• Aged or infirm parents — who are unable to maintain themselves can claim from children who have the means.

The purpose of maintenance law is to prevent destitution and to ensure that a person who cannot support themselves is not left helpless while the other party lives comfortably.

Interim vs permanent maintenance

A maintenance case has two phases:

• Interim (or pendente lite) maintenance — support ordered while the case is still going on. Because litigation can take years, this ensures the dependent spouse and children are not left without money in the meantime. It also covers reasonable litigation expenses so the weaker party can fight the case.
• Permanent maintenance / alimony — fixed at the end of the case, either as a monthly sum or a lump-sum settlement, taking into account the final picture of both parties' incomes and needs.

Importantly, courts now generally grant maintenance from the date the application was filed, not merely from the date of the final order — so delay by the paying spouse does not defeat the claim.

How much? The factors courts weigh

There is no rigid mathematical formula, but courts look at a consistent set of factors:

• The income and assets of both spouses — salary, business income, property, and reasonable earning capacity;
• The standard of living the family enjoyed during the marriage — a spouse should not be forced into sudden poverty;
• The reasonable needs of the claimant and the children — housing, food, education, medical care;
• The liabilities of the paying spouse — loans, dependents, and their own reasonable expenses;
• The duration of the marriage and the age and health of the parties;
• Whether the claimant has any independent income or means.

Some courts have referred to roughly a quarter of the paying spouse's net income as a fair benchmark for a spouse's maintenance in appropriate cases, but this is only a guide — the final figure is always tailored to the facts.

The Rajnesh v. Neha guidelines

In a landmark 2020 judgment, Rajnesh v. Neha, the Supreme Court brought much-needed order to maintenance cases by laying down guidelines that Bengaluru courts now follow:

• Both parties must file a sworn affidavit of assets, income and liabilities, so the court has an honest financial picture;
• Maintenance is ordinarily awarded from the date of the application;
• Overlapping maintenance under different laws must be adjusted to avoid duplication;
• Clear enforcement mechanisms apply where a maintenance order is not obeyed.

The practical lesson is that full, honest financial disclosure — backed by documents — decides these cases. A claimant who can prove the other side's true income, and a paying spouse who can prove genuine liabilities, both benefit from careful preparation.

What if the wife is earning?

A common misconception is that a working wife cannot claim maintenance. That is wrong. An earning wife can still be entitled if her income is not enough to maintain the same standard of living she had during the marriage, or if there is a large gap between the spouses' incomes. What the court will not allow is a claim where the wife is comfortably self-sufficient and is seeking maintenance she does not need. The test is real need against real capacity — not simply whether the wife has a job.

Can a husband claim maintenance?

Under the Hindu Marriage Act, maintenance provisions (Sections 24 and 25) are worded to apply to either spouse. So a husband who is genuinely unable to support himself — for example, due to serious illness or disability — and whose wife has substantial means, can in principle claim maintenance from her. Such claims are uncommon and closely scrutinised, but they are not impossible. Under the criminal-law provision (Section 144 BNSS, formerly 125 CrPC), however, it is the wife who can claim from the husband, not the reverse.

Enforcing a maintenance order

An order is only as good as its enforcement. If a spouse who has been ordered to pay does not, the law provides real teeth:

• The unpaid amount can be recovered as if it were a fine, including by attachment of salary or property;
• A warrant can be issued, and in cases of wilful non-payment the defaulter can even be sent to detention until they comply;
• Arrears build up and remain recoverable — running away from the order does not make it disappear.

If you have a maintenance order that is being ignored, you do not have to accept it. Enforcement proceedings can and should be pursued.

Maintenance for children and elderly parents

Maintenance is not only about spouses. Two other categories deserve attention:

Children. Both parents have a duty to maintain their children according to their means. A minor child is entitled to support for education, food, clothing, health and reasonable comforts. This obligation continues even after the parents' divorce, and it does not disappear simply because one parent has custody. In appropriate cases, support can continue for a child who has attained majority but is unable to maintain themselves — for example, due to a disability — and an unmarried daughter may be entitled to support until her marriage.

Elderly and infirm parents. Parents who are unable to maintain themselves can claim maintenance from children who have the means. In addition to the general maintenance law, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides senior citizens a speedy, low-cost remedy through a dedicated tribunal, and even allows the cancellation of a gift or transfer of property made by a parent to a child on the condition of being looked after, where the child neglects them. This is a powerful protection that many senior citizens are unaware of.

How to prove the other side's real income

Maintenance cases are won and lost on financial evidence. A very common problem is a spouse who under-declares their income to reduce maintenance — showing a small salary while running a cash business or holding undisclosed assets. Establishing the true financial picture is therefore central. Useful evidence includes:

• Income-tax returns, Form 16 and salary slips;
• Bank and credit-card statements showing the real standard of living;
• Property and vehicle ownership records;
• Business records, GST filings and lifestyle evidence (foreign travel, expensive purchases, club memberships).

The Supreme Court's requirement that both parties file a sworn affidavit of assets and liabilities is a valuable tool here, because a false affidavit exposes the spouse to serious consequences. An experienced advocate knows how to seek disclosure, summon records and expose a concealed income — which can dramatically change the maintenance figure.

How a maintenance lawyer in Bengaluru helps

Whether you are claiming maintenance or being asked to pay, the outcome turns almost entirely on preparation and presentation:

• Choosing the right law (or combination of laws) for your situation;
• Preparing a strong, accurate income-and-assets affidavit — and challenging a false one from the other side;
• Securing interim maintenance quickly so you are not left without support during a long case;
• Arguing for a fair figure, whether you are seeking a realistic amount or resisting an inflated demand;
• Enforcing an order that is not being obeyed, or seeking a modification when incomes genuinely change.

Frequently asked questions