Maintenance is the legal obligation to provide financial support to a spouse, children, or parents who are unable to maintain themselves, encompassing food, clothing, shelter, medical treatment, and education. Under Indian law, maintenance is primarily governed by Section 125 of the Code of Criminal Procedure, 1973 (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023), and by personal law statutes including Section 18 of the Hindu Adoptions and Maintenance Act, 1956.
Legal definition
Section 125(1) of the Code of Criminal Procedure, 1973 provides the broadest and most secular framework for maintenance:
Section 125(1) CrPC: If any person having sufficient means neglects or refuses to maintain— (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit.
Explanation: "Wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
New law equivalent: Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), maintenance is governed by Section 144, which substantially mirrors Section 125 CrPC. A notable enhancement under Section 144 BNSS is the mandate for interim maintenance to be decided, as far as possible, within 60 days from the date of service of notice, ensuring dependents are not left without financial support during protracted proceedings.
Under personal law: Section 18 of the Hindu Adoptions and Maintenance Act, 1956 provides a Hindu wife the right to claim maintenance from her husband during the subsistence of the marriage. Section 24 of the Hindu Marriage Act, 1955 provides for interim maintenance and expenses of proceedings (maintenance pendente lite). Section 25 HMA provides for permanent alimony upon divorce.
How courts have interpreted this term
The Supreme Court has issued comprehensive guidelines to streamline maintenance proceedings across all statutes.
Rajnesh v. Neha [(2021) 2 SCC 324]
In this landmark decision, Justice Indu Malhotra laid down comprehensive guidelines addressing virtually every aspect of maintenance law. The Court prescribed a mandatory uniform format for an Affidavit of Disclosure of Assets and Liabilities to be filed by both parties in maintenance proceedings. The Court held that maintenance should be awarded from the date of filing the application, not from the date of the order. Critically, the judgment addressed the problem of overlapping jurisdictions — a wife filing maintenance under Section 125 CrPC, Section 18 HAMA, Section 24 HMA, and the DV Act simultaneously — by directing that amounts awarded under one statute must be adjusted against amounts awarded under another to prevent double recovery.
Shamima Farooqui v. Shahid Khan [(2015) 5 SCC 705]
The Supreme Court held that Section 125 CrPC is a secular provision that applies to women of all religions, including divorced Muslim women who have not remarried. The Court emphasised that maintenance must be adequate to enable the wife to live with dignity and that the quantum must reflect the husband's actual income and status. The Court restored the Family Court's award of Rs. 4,000 per month after the High Court had unjustifiably reduced it to Rs. 2,000.
Chaturbhuj v. Sita Bai [(2008) 2 SCC 316]
The Court held that the object of Section 125 CrPC is to prevent vagrancy and destitution. The provision is a measure of social justice designed to ensure that no one is left without the means of subsistence. The right to maintenance is absolute and is not defeated by the husband's claim that he has insufficient means — the Court must consider all sources of income, both disclosed and undisclosed.
Types of maintenance
Indian law recognises several categories of maintenance based on timing and statutory basis:
- Interim maintenance (maintenance pendente lite): Temporary maintenance awarded during the pendency of the main proceedings, ensuring the dependent party can sustain litigation. Governed by Section 24 HMA, Section 36 of the Special Marriage Act, and Section 125 CrPC.
- Permanent maintenance / permanent alimony: A lump-sum or recurring payment ordered at the conclusion of divorce proceedings. Governed by Section 25 HMA and Section 37 of the Special Marriage Act.
- Maintenance under Section 125 CrPC (Section 144 BNSS): A separate, self-contained proceeding before a Magistrate available to wives, children, and parents regardless of the pendency of any matrimonial proceeding.
- Maintenance under the DV Act: Section 20 of the Protection of Women from Domestic Violence Act, 2005 provides for monetary relief including maintenance to aggrieved women in domestic relationships.
Why this matters
Maintenance is arguably the most litigated issue in Indian family law. The right to maintenance reflects the fundamental principle that a person who has the means to support dependents cannot abandon them to destitution. For millions of women in India who lack independent financial resources after marriage, maintenance proceedings are often the only safeguard against economic hardship following marital breakdown.
The most critical practical development in recent years is the Rajnesh v. Neha (2021) guidelines, which brought much-needed uniformity to a field characterised by inconsistency. The mandatory disclosure affidavit requirement has made it significantly harder for respondents to conceal income and assets. The direction that maintenance should be awarded from the date of filing — not the date of order — addresses the injustice of applicants waiting years while the matter is pending without any financial support.
For practitioners, the key consideration is forum selection. A wife may claim maintenance under multiple statutes, but the Rajnesh guidelines require that amounts awarded under one statute be adjusted against the other. This means that filing under multiple statutes does not result in cumulative recovery — the overall quantum remains the same, but multiple proceedings may improve the chances of timely enforcement. The choice between Section 125 CrPC (faster, before a Magistrate, but limited to monthly allowances) and Section 24 HMA (before the Family Court, potentially larger amounts) depends on the specific circumstances of each case.
Related terms
Types of maintenance:
Related proceedings:
Related statute:
Frequently asked questions
Who can claim maintenance under Section 125 CrPC?
Three categories of persons can claim maintenance under Section 125 CrPC (Section 144 BNSS): (a) a wife, including a divorced wife who has not remarried; (b) a legitimate or illegitimate child, whether minor or adult with disability; and (c) a father or mother unable to maintain themselves. The only condition is that the respondent must have sufficient means and must have neglected or refused to provide maintenance.
How is the quantum of maintenance determined?
The Supreme Court in Rajnesh v. Neha (2021) laid down detailed criteria for determining quantum, including: the income and assets of both parties, the standard of living during the marriage, the reasonable needs of the applicant, the number of dependants, the applicant's independent income (if any), and the respondent's liabilities. While there is no fixed formula, courts generally award 20-25% of the respondent's net income as maintenance for a spouse, though this varies significantly based on circumstances.
Can a working wife claim maintenance in India?
Yes, but her independent income is a relevant factor in determining the quantum. The Supreme Court has held that a wife's employment does not automatically disentitle her to maintenance — the court must consider whether her income is sufficient to maintain herself at the standard of living she enjoyed during the marriage. If her earnings are significantly lower than her husband's, she may still be entitled to the differential as maintenance.
Can maintenance be claimed after divorce?
Yes. Under the Explanation to Section 125(1) CrPC, "wife" includes a woman who has been divorced and has not remarried. A divorced wife can claim maintenance under Section 125 CrPC until she remarries. Additionally, Section 25 of the Hindu Marriage Act allows the court to order permanent alimony at the time of divorce or at any time thereafter, either as a lump sum or as monthly payments.
What happens if the husband does not pay court-ordered maintenance?
Under Section 125(3) CrPC (Section 144 BNSS), if the respondent fails to comply with the maintenance order without sufficient cause, the Magistrate may issue a warrant for levying the amount due in the manner provided for levying fines, and may also sentence the defaulter to imprisonment for up to one month for each instance of default. This provision gives maintenance orders the teeth of criminal enforcement, making non-compliance a punishable offence.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.