How to Get Maintenance (Alimony) in India

If you are a wife, child, or elderly parent who is not being financially supported by the person legally obliged to support you, Indian law gives you the right to claim maintenance. Section 125 of the Code of Criminal Procedure 1973 (now Section 144 of BNSS 2023) allows you to approach a Magistrate's court for a monthly maintenance order -- regardless of your religion. You can also claim maintenance under personal laws like the Hindu Marriage Act, Muslim personal law, or the Special Marriage Act, depending on your situation.

Why this matters

Financial abandonment is one of the most common forms of hardship in marital disputes. A spouse who has been dependent on their partner for years can suddenly find themselves without income, shelter, or resources -- sometimes while caring for children. The law recognises this vulnerability and provides multiple remedies.

What many people do not realise is that you do not need to file for divorce to claim maintenance. You can seek maintenance while still married, during divorce proceedings, or after divorce. You can even claim it if you were in a relationship that the law treats as equivalent to marriage. Understanding which legal provision applies to your situation, and which court to approach, is the first step to securing your financial rights.

Your rights to maintenance

1. Maintenance under Section 125 CrPC (now Section 144 BNSS)

This is the most widely used provision because it applies to everyone regardless of religion. Any wife, legitimate or illegitimate child, or elderly parent who is unable to maintain themselves can file an application before the Magistrate's court.

Who can claim:

• A wife (including a divorced wife who has not remarried)
• Legitimate or illegitimate minor children
• Legitimate or illegitimate adult children who are unable to maintain themselves due to physical or mental disability
• Father or mother who is unable to maintain themselves

Key conditions:

• The person you are claiming from must have sufficient means to pay
• You must be unable to maintain yourself
• A wife is not entitled to maintenance if she is living in adultery, or has refused to live with her husband without sufficient reason, or they are living separately by mutual consent

How much can you get: There is no fixed formula. The Supreme Court in Rajnesh v. Neha (2021) 2 SCC 324 laid down detailed guidelines, directing both parties to file affidavits of income and assets, and establishing that maintenance should be calculated considering the income of both parties, the standard of living, and reasonable needs. Courts typically award between one-fourth to one-third of the husband's net income, though this varies.

In practice: File an application under Section 125 CrPC (Section 144 BNSS) in the Magistrate's court where you reside or where the respondent resides. The court can also grant interim maintenance while the case is pending, so you receive financial support from the very first hearing.

2. Maintenance under the Hindu Marriage Act

If you are Hindu, Buddhist, Jain, or Sikh, you have additional maintenance rights under the Hindu Marriage Act 1955:

• Section 24 -- Interim maintenance: Either spouse can apply for maintenance during the pendency of any matrimonial proceedings (divorce, restitution of conjugal rights, judicial separation). The court orders monthly payments so that neither party is disadvantaged during litigation.
• Section 25 -- Permanent alimony: After the court passes a decree (divorce, judicial separation, or nullity), either spouse can apply for a lump sum or monthly maintenance. The amount depends on the respondent's income, the applicant's own income, the conduct of the parties, and other circumstances.

Important: You can claim maintenance under both Section 125 CrPC and under your personal law simultaneously. They are separate remedies and the amounts are adjusted against each other. Many lawyers advise filing under both to maximise your options.

3. Maintenance under Muslim personal law

Muslim women have the right to maintenance during the iddat period (approximately three months after divorce) under the Muslim Women (Protection of Rights on Divorce) Act 1986. The Supreme Court in Mohd. Ahmed Khan v. Shah Bano Begum (1985) held that Section 125 CrPC applies to Muslim women as well.

More recently, the Supreme Court in Mohd Abdul Samad v. State of Telangana (2024) reaffirmed that Muslim women can claim maintenance under Section 125 CrPC even beyond the iddat period. This means you are not limited to three months of support after divorce.

In practice: A Muslim woman can claim maintenance under Section 125 CrPC before the Magistrate's court, or under the Muslim Women (Protection of Rights on Divorce) Act 1986, or under the Protection of Women from Domestic Violence Act 2005.

4. Maintenance under the Domestic Violence Act

The Protection of Women from Domestic Violence Act 2005 (DV Act) provides for monetary relief including maintenance. This is particularly useful because:

• It covers women in live-in relationships, not just legal marriages
• It covers women living in a shared household, even if they are not the owner
• The court can order maintenance as part of a protection order
• Applications are heard by the Magistrate's court, which is faster than Family Court

Step-by-step: How to file for maintenance

Step 1 -- Choose the right legal provision

• If you want quick interim relief regardless of religion: Section 125 CrPC / Section 144 BNSS (Magistrate's court)
• If you are in ongoing matrimonial proceedings: Section 24 Hindu Marriage Act (Family Court)
• If you want post-divorce permanent support: Section 25 Hindu Marriage Act (Family Court)
• If you are facing domestic violence or are in a live-in relationship: DV Act 2005 (Magistrate's court)
• If you are a Muslim woman after divorce: Section 125 CrPC or Muslim Women (Protection of Rights on Divorce) Act 1986

Step 2 -- Gather financial evidence

Courts decide maintenance based on evidence of income and need. Collect:

• Your spouse's salary slips, ITR, bank statements
• Evidence of your spouse's assets (property, vehicles, investments)
• Your own income documents (or evidence that you have no independent income)
• Monthly expense statements (rent, children's school fees, medical bills, household expenses)
• Evidence of the standard of living during the marriage

Step 3 -- File the application

Your lawyer prepares and files the application in the appropriate court. You need:

• The maintenance application with an affidavit of your income and expenses
• Marriage certificate (or evidence of relationship for DV Act cases)
• Income and asset documents
• Identity and address proof
• Court fees (typically 100 to 500 rupees for Section 125 applications)

Step 4 -- Interim maintenance hearing

Most courts grant an interim maintenance order within 2 to 4 hearings. This ensures you receive financial support while the main case is decided. The Supreme Court has directed that interim maintenance applications should be disposed of within 60 days of filing.

Step 5 -- Final order

After hearing both sides and examining the evidence, the court passes a final maintenance order specifying the monthly amount. This order is enforceable -- if the respondent fails to pay, you can approach the court for execution, and the respondent can even be sent to jail for non-compliance.

What if things go wrong

Your spouse hides their income: Courts can draw adverse inferences from non-disclosure. Your lawyer can request the court to summon bank records, ITR data, and property records. The Rajnesh v. Neha (2021) guidelines require both parties to file detailed affidavits of income and assets.

Your spouse refuses to pay despite the court order: File an execution application in the same court. The court can attach your spouse's salary, bank accounts, or property. Under Section 125(3) CrPC, the court can also sentence the respondent to imprisonment for up to one month for each instance of non-payment.

The amount awarded is too low: You can appeal to the Sessions Court (for Section 125 orders) or the High Court. You can also file a fresh application for enhancement if your circumstances have changed (increased expenses, inflation, children's education costs).

You have been living in a live-in relationship: File under the Protection of Women from Domestic Violence Act 2005. The Supreme Court in D. Velusamy v. D. Patchaiammal (2010) recognised that women in live-in relationships have the right to maintenance if the relationship is "in the nature of marriage."

Documents and resources you need

• Marriage certificate or proof of relationship
• Spouse's income proof (salary slips, ITR, bank statements)
• Your own income and expense affidavit
• Monthly household expense breakdown
• Children's education and medical expense records
• Property and asset documents
• NALSA helpline: 15100 (free legal aid)
• eCourts portal: services.ecourts.gov.in (case tracking)
• Free legal aid eligibility: Annual income below 3 lakh rupees (urban) in most states

Common myths

"Only wives can claim maintenance." Not true. Husbands can claim maintenance under Section 24 of the Hindu Marriage Act if they lack independent income. Children and elderly parents can also claim maintenance under Section 125 CrPC.

"If the wife is working, she cannot claim maintenance." A working wife can absolutely claim maintenance if her income is significantly lower than her husband's. The court considers the income disparity and the standard of living during the marriage, not just whether the wife earns something.

"Maintenance ends after divorce." A divorced wife who has not remarried can continue to claim maintenance under Section 125 CrPC. Permanent alimony under Section 25 of the Hindu Marriage Act can also be ordered at the time of divorce.

"There is a fixed formula -- one-third of the husband's salary." There is no statutory formula. Courts consider multiple factors including both parties' income, the standard of living, children's needs, health conditions, and liabilities. The one-third figure is a rough benchmark, not a rule.

The law behind this

Frequently asked questions

How long does it take to get a maintenance order? Interim maintenance can be ordered within 60 days of filing, as directed by the Supreme Court. The final maintenance order typically takes 6 to 12 months, depending on the court's workload and how cooperative both parties are in disclosing their finances.

Can maintenance be increased after it is ordered? Yes. Either party can file an application for modification if circumstances change materially -- such as a significant increase in the respondent's income, a rise in the children's educational expenses, or a serious illness. The court can revise the maintenance amount upward or downward.

What happens if my husband is unemployed? Even if your husband is currently unemployed, the court can assess his earning potential based on his qualifications, work history, and assets. Owning property or having investments is also considered "sufficient means" for maintenance purposes.

Can I claim maintenance if I left the marital home? Yes, provided you left for a sufficient reason -- such as cruelty, domestic violence, or your husband's extramarital relationship. Leaving without sufficient reason may disentitle you to maintenance, but the burden is on the husband to prove that you left without justification.

Is maintenance taxable? Lump sum maintenance received as part of a divorce settlement is generally not treated as income for tax purposes. However, periodic monthly maintenance received by a wife may be subject to income tax in her hands. Consult a tax professional for your specific situation.