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Process at a Glance
How the Maintenance & Alimony Process Moves
1
Choose the Right Forum and Provision
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2
Prepare Affidavit of Assets and Petition
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3
Filing and Service of Notice
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4
Interim Maintenance Application
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5
Evidence and Hearing
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6
Maintenance Order and Enforcement
Overview
Maintenance in India — Legal Framework
Maintenance in India is governed by three parallel sets of provisions: (1) Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — formerly Section 125 of the Code of Criminal Procedure, 1973 — a secular provision applicable to all persons regardless of religion, covering maintenance of wife, legitimate and illegitimate children, and parents; (2) Sections 24 and 25 of the Hindu Marriage Act, 1955 — covering pendente lite maintenance (S.24) during matrimonial proceedings and permanent alimony after a decree (S.25), available to Hindu spouses — the SC in 2025 confirmed S.25 also covers void marriages (2025 INSC 197); (3) Section 20 of the Protection of Women from Domestic Violence Act, 2005 — monetary relief available to an aggrieved woman in a domestic relationship, including live-in relationships, regardless of religion.
The Supreme Court in Rajnesh v. Neha (2021) 2 SCC 324 issued comprehensive binding guidelines on maintenance proceedings — mandatory affidavit of assets, overlapping orders adjustment, 60-day interim order target, and uniform enforcement. These guidelines apply to all maintenance applications across India. All three provisions can run simultaneously — amounts paid under one must be adjusted against others per Rajnesh guidelines. In Delhi, all maintenance applications are heard exclusively by the Family Courts at Rohini, Tis Hazari, Karkardooma, Saket, and Dwarka.
Three Parallel Maintenance Provisions
Section 144 BNSS (All Religions)
Replaces S.125 CrPC from 1 July 2024. Secular — applies to all religions. Covers: wife unable to maintain herself, legitimate and illegitimate minor children, major children with disability, parents unable to maintain themselves. Family Court / Magistrate. Default: warrant of arrest, up to 1 month imprisonment.
HMA Sections 24 & 25 (Hindus)
S.24: Pendente lite — either spouse without sufficient independent income, during pending HMA proceedings. Also covers litigation expenses. S.25: Permanent alimony after final decree. 2025 SC (2025 INSC 197): S.25 available even in void marriages under S.11 HMA.
DV Act 2005 — Section 20
Monetary relief to aggrieved woman — covers maintenance, loss of earnings, medical expenses. Available to women in domestic relationships including live-in relationships. All religions. Magistrate may pass interim relief under S.23 at any stage. Can run alongside other maintenance applications.
HAMA 1956 — Section 18 (Civil Route)
Hindu Adoptions and Maintenance Act S.18 — Hindu wife's right to separate residence and maintenance from husband (cruelty, desertion, second marriage, leprosy, concubinage, conversion). Civil law right — independent of HMA matrimonial proceedings. S.20 HAMA: maintenance of children and aged parents.
Key Takeaways
- Maintenance in India runs through three parallel routes: the secular Section 144 of the BNSS, 2023 (formerly Section 125 CrPC, in force from 1 July 2024) for wife, children and parents regardless of religion; Sections 24 and 25 of the Hindu Marriage Act, 1955 for Hindu spouses; and Section 20 of the Protection of Women from Domestic Violence Act, 2005 for monetary relief, including in live-in relationships.
- Under the HMA, Section 24 gives pendente lite maintenance and litigation expenses to either spouse during pending proceedings, while Section 25 grants permanent alimony after a decree — either as a lump sum or periodic payments. The Supreme Court in Sukhdev Singh v. Sukhbir Kaur (2025 INSC 197, 3-judge bench) settled that S.24 and S.25 are available even in void marriages under S.11, subject to the court's discretion and the parties' conduct.
- Rajnesh v. Neha (2021) laid down binding procedure: a mandatory affidavit of assets and income by both parties at the outset, maintenance from the date of application, a first order ideally within 60 days, and adjustment of overlapping orders across different provisions. A false affidavit invites perjury and contempt.
- Quantum is fact-specific. Kalyan Dey Chowdhury (2017) treats roughly 25% of the husband's net salary as a starting benchmark — not a rigid formula — with the court weighing the standard of living during marriage, the needs of the claimant, and the income (including suppressed income) and assets of both sides.
- The maintenance right is secular and anti-destitution. Shah Bano (1985) held that Section 125 applies to a divorced Muslim woman; later, Daniel Latifi (2001) read the Muslim Women (Protection of Rights on Divorce) Act, 1986 consistently with that protection.
- Enforcement differs by route: a S.144 BNSS order is criminally enforceable — the Magistrate can issue a warrant and order imprisonment of up to one month for each month of default — while HMA S.25 orders are enforced through civil execution (attachment of salary, property, etc.).
Who Can Claim
Who Can Claim Maintenance?
Under S.144 BNSS — All Religions
Wife unable to maintain herself. Legitimate minor children. Illegitimate minor children. Major children with physical or mental disability. Parents unable to maintain themselves. The provision covers all persons regardless of religion — Hindu, Muslim, Christian, Parsi, or others.
Under HMA S.24 — Pendente Lite
Either spouse — husband or wife — who does not have sufficient independent income, during the pendency of matrimonial proceedings under HMA. Also covers litigation expenses (vakalatnama fee and court expenses). Available to Hindus, Buddhists, Jains, Sikhs.
Under HMA S.25 — Permanent Alimony
Spouse without sufficient means — after final decree under HMA (divorce, nullity, judicial separation, restitution). Also available in void marriages as per 2025 SC in Sukhdev Singh v. Sukhbir Kaur (2025 INSC 197). Court may modify on change of circumstances.
Under DV Act S.20 — Monetary Relief
Any aggrieved woman in a domestic relationship — including wives, live-in partners, daughters, sisters, mothers-in-law — who has been subjected to domestic violence. All religions. Covers: maintenance, loss of earnings, medical expenses, loss due to destruction of property.
Key Changes
Old Law vs Current Position
| Aspect | Earlier Position | Current Position |
|---|---|---|
| Maintenance provision (CrPC → BNSS) | Section 125 CrPC, 1973 | Section 144 BNSS, 2023 — in force from 1 July 2024. Same substance, new numbering. All pending S.125 cases continue under BNSS. |
| Divorced Muslim wife — S.125 CrPC applicability | Disputed — some courts held S.125 not available after iddat | Shah Bano (1985): S.125 CrPC applies to all regardless of religion. Daniel Latifi (2001): 1986 Muslim Women Act must ensure adequate future maintenance beyond iddat. |
| Maintenance in void marriage — HMA S.25 | Conflicting HC views — many denied S.25 to wife of void marriage | 2025 INSC 197 (SC 3-judge bench): S.25 maintenance available even in void marriages under S.11 HMA. S.24 interim also available during nullity proceedings. |
| Overlapping maintenance orders | Courts took inconsistent views on adjusting overlapping orders | Rajnesh v. Neha (2021): Overlapping orders to be adjusted — amounts paid under one credited against another. One consolidated order preferred. |
| Affidavit of assets | No uniform requirement — parties often suppressed income | Rajnesh v. Neha (2021): Mandatory affidavit of assets and income by both parties at the outset of maintenance proceedings. False affidavit = perjury + contempt. |
| Interim maintenance timeline | No statutory timeline — often delayed for years | Rajnesh guidelines: First maintenance order ideally within 60 days of notice. Courts to expedite. |
Procedure
Step-by-Step Procedure
1
Choose the Right Forum and Provision
Decide which provision to invoke: S.144 BNSS before the Family Court / Judicial Magistrate for a quick interim order — applicable to all religions; HMA S.24 if HMA matrimonial proceedings are already pending; DV Act S.20 if domestic violence is involved. All three can run simultaneously — choose based on urgency and facts. In Delhi — Family Courts at Rohini, Karkardooma, Tis Hazari, Saket, Dwarka handle all maintenance matters.
2
Prepare Affidavit of Assets and Petition
As per Rajnesh v. Neha (2021) guidelines — both parties must file a comprehensive affidavit of assets, income, liabilities, and expenditure. The petition must state: relationship of parties, date of marriage, reasons for living separately, the claimant's income and expenses, the respondent's income and assets, and the amount claimed. Attach all supporting documents. Filing a false affidavit amounts to contempt of court and perjury.
3
Filing and Service of Notice
File the application in the Family Court / Magistrate's Court with the prescribed court fee. Court issues notice to the respondent. Respondent must file a reply. Under Rajnesh guidelines — the court should ideally pass the first maintenance order within 60 days of notice. If respondent evades service — substituted service or publication may be ordered by the court.
4
Interim Maintenance Application
File an urgent application for interim maintenance simultaneously with the main application. Under S.144 BNSS — the Magistrate has wide discretion to pass interim maintenance orders. Under HMA S.24 — the court may order interim maintenance and litigation expenses (vakalatnama fees and court expenses). The interim order operates until the final order is passed.
5
Evidence and Hearing
Both parties lead evidence — income documents (ITR, salary slips, bank statements), expense details, property and asset information. The court assesses the reasonable needs of the claimant and the paying capacity of the respondent. Lifestyle evidence is relevant — if the respondent lives well but claims low income, the court may infer suppression of income. Rajnesh guidelines: courts may take judicial notice of a high-standard lifestyle inconsistent with declared income.
6
Maintenance Order and Enforcement
The court passes a maintenance order specifying the monthly amount, payable by a fixed date. Maintenance awarded from date of application per Rajnesh guidelines. If the respondent defaults — the claimant files an execution application. Under S.144 BNSS: warrant of arrest, up to 1 month jail for non-payment. Under HMA S.25 (civil): attachment of salary, property, or bank accounts. Either party can apply for modification on change of circumstances.
⏱ Typical Timelines — Delhi Family Courts
Indicative. Actual duration depends on court workload, service of notice, and contested nature of proceedings.
Interim Maintenance Order
60–90 days
Target per Rajnesh guidelines from date of notice
Final Maintenance Order
1–3 years
Contested — depends on evidence and complexity
Execution for Default
1–3 months
Warrant of arrest application under S.144 BNSS
Important Note
Note the change in numbering: from 1 July 2024 the old Section 125 CrPC is now Section 144 BNSS — the substance is unchanged and all pending Section 125 cases continue under the BNSS, but new applications should cite Section 144. The biggest recent development is Sukhdev Singh v. Sukhbir Kaur (2025 INSC 197): a spouse can claim permanent alimony under S.25 and interim maintenance under S.24 even where the marriage is declared void, so a nullity finding no longer automatically defeats a maintenance claim. Two practical cautions follow from Rajnesh v. Neha: file the affidavit of assets and income honestly (a false affidavit is perjury and contempt), and remember that maintenance ordinarily runs from the date of the application, so arrears accrue while the matter is pending. Where claims are filed under more than one provision, the court will adjust overlapping amounts rather than allow double recovery.
Documents
Documents Required
Claimant (Wife / Child / Parent)
Marriage certificate / proof of marriage
Aadhaar Card of claimant and children
Affidavit of assets and income (Rajnesh format)
Bank statements — last 6–12 months
Proof of expenses — rent, school fees, medical bills
Birth certificate of children (if claiming for children)
Evidence of respondent's income — salary slips, ITR, property
Evidence of cruelty / DV (if DV Act route invoked)
Respondent (Person Directed to Pay)
Salary slips / Income Tax Returns — last 3 years
Bank statements — last 6–12 months
Affidavit of assets, income and liabilities (Rajnesh format)
Property / investment documents — for accurate asset disclosure
Key Points
Limitation & Key Points
⚖ Quick Reference — Maintenance Law
Limitation — S.144 BNSS applicationNo fixed limit
Interim order — target timeline (Rajnesh)Within 60 days of notice
Maintenance from date ofDate of application
HMA S.24 — pendente liteDuring pending HMA proceedings only
HMA S.25 — permanent alimonyAfter decree — incl. void marriages (2025 SC)
Muslim wife — S.144 BNSSYes — Shah Bano 1985 + Daniel Latifi 2001
Default in payment — consequenceWarrant of arrest — up to 1 month jail (BNSS)
Modification of orderOn change of circumstances — either party
DV Act S.20 — also coversWomen in live-in relationships
Kalyan Dey Chowdhury benchmark~25% net salary — not a rigid formula
Applicable Laws
Relevant Statutes
📖 Relevant Section — S.144 (Bharatiya Nagarik Suraksha Sanhita, 2023) +
Section 144 — Order for maintenance of wives, children and parents. (1) If any person having sufficient means neglects or refuses to maintain— (a) his wife, unable to maintain herself; or (b) his legitimate or illegitimate 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…
Second proviso: the Magistrate may, during the pendency of the proceeding, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding… Third proviso: an application for interim maintenance and expenses shall, as far as possible, be disposed of within sixty days from the date of service of notice. Explanation.—"wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Any such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application. (3) If any person so ordered fails without sufficient cause to comply, the Magistrate may issue a warrant for levying the amount and may sentence such person to imprisonment for a term which may extend to one month or until payment if sooner made (application to be made within one year). (4) No wife shall be entitled if she is living in adultery, or if without sufficient reason she refuses to live with her husband, or if they are living separately by mutual consent. (5) On proof of such adultery / refusal / mutual-consent separation, the Magistrate shall cancel the order.
Source: India Code (indiacode.nic.in) — Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), s. 144 (in force 1 July 2024; replaces s. 125 CrPC, 1973). Secular remedy available to persons of all religions. Reproduced/condensed from the bare Act.📖 Relevant Section — S.25 (Hindu Marriage Act, 1955) +
Section 24 — Maintenance pendente lite and expenses of proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable. Provided that the application for payment of the expenses of the proceeding and such monthly sum during the proceeding shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.
Section 25 — Permanent alimony and maintenance. (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it by either the wife or the husband, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured by a charge on the immovable property of the respondent. (2) If there is a change in the circumstances of either party, the court may vary, modify or rescind any such order. (3) If the party in whose favour the order was made has re-married, or (being the wife) has not remained chaste, or (being the husband) has had sexual intercourse with any woman outside wedlock, the court may vary, modify or rescind the order.
Source: India Code (indiacode.nic.in) — Hindu Marriage Act, 1955 (Act 25 of 1955), ss. 24 & 25. Reproduced verbatim from the bare-act PDF. The Special Marriage Act, 1954 (ss. 36 & 37) contains parallel provisions for civil marriages.📖 Relevant Section — S.18 (Hindu Adoptions and Maintenance Act, 1956) +
Section 18 — Maintenance of wife. (1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time. (2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance— (a) if he is guilty of desertion; (b) if he has treated her with such cruelty as to cause a reasonable apprehension that it will be harmful to live with him; (d) if he has any other wife living; (e) if he keeps a concubine in the same house or habitually resides with a concubine elsewhere; (f) if he has ceased to be a Hindu by conversion; (g) if there is any other cause justifying her living separately. (3) A Hindu wife shall not be entitled to separate residence and maintenance if she is unchaste or ceases to be a Hindu by conversion.
Section 20 — Maintenance of children and aged parents. (1) Subject to the provisions of this section a Hindu is bound, during his or her life-time, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. (2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor. (3) The obligation to maintain an aged or infirm parent or an unmarried daughter extends in so far as the parent or the unmarried daughter is unable to maintain himself or herself out of his or her own earnings or other property. Explanation.—"parent" includes a childless step-mother.
Section 23 — Amount of maintenance. (1) It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded. (2) In determining the amount of maintenance to a wife, children or aged or infirm parents, regard shall be had to— (a) the position and status of the parties; (b) the reasonable wants of the claimant; (c) if the claimant is living separately, whether the claimant is justified in doing so; (d) the value of the claimant's property and any income derived from such property or from the claimant's own earnings or from any other source; (e) the number of persons entitled to maintenance under this Act.
Source: India Code (indiacode.nic.in) — Hindu Adoptions and Maintenance Act, 1956 (Act 78 of 1956), ss. 18, 20 & 23. Reproduced verbatim from the bare-act PDF. This is a civil right of maintenance, independent of and in addition to the summary remedy under s. 144 BNSS.Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 144
Replaces Section 125 CrPC from 1 July 2024. Secular provision — all religions. Covers: wife unable to maintain herself; legitimate and illegitimate minor children; major children with physical or mental disability; parents unable to maintain themselves. Magistrate / Family Court jurisdiction. Default: warrant of arrest, up to 1 month imprisonment.
View on IndiaCode →
Hindu Marriage Act, 1955 — Sections 24 & 25
S.24: Maintenance pendente lite — either spouse without sufficient independent income during pending HMA proceedings. Also covers litigation expenses. S.25: Permanent alimony at time of passing any HMA decree or subsequently. 2025 SC (Sukhdev Singh, 2025 INSC 197): S.25 available even in void marriages under S.11 HMA. Modification available on change of circumstances.
View on IndiaCode →
Protection of Women from Domestic Violence Act, 2005 — Section 20
Monetary relief to the aggrieved woman — covers loss of earnings, medical expenses, loss due to destruction of property, maintenance of woman and her children. Available to women in domestic relationships including live-in. Section 23: Magistrate may pass interim monetary relief at any stage. Can be claimed alongside S.144 BNSS and HMA proceedings.
View on IndiaCode →
Muslim Women (Protection of Rights on Divorce) Act, 1986
Enacted after Shah Bano controversy. SC in Daniel Latifi v. Union of India (2001) 7 SCC 740 interpreted the Act purposively — husband's obligation is to make provision for the entire future of the divorced wife, not just iddat period maintenance. Muslim Women (Protection of Rights on Marriage) Act 2019 also provides for maintenance to woman in talaq-ul-biddat cases.
View on IndiaCode →
Hindu Adoptions and Maintenance Act, 1956 — Sections 18-20
S.18: Hindu wife's right to separate residence and maintenance — cruelty, desertion, second marriage, leprosy, concubinage, conversion. Civil law right independent of HMA matrimonial proceedings. S.20: Maintenance of children and aged parents. Provisions are distinct from S.144 BNSS — governed by civil law with civil enforcement.
View on IndiaCode →
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Provides a streamlined, simpler route for senior citizen parents and grandparents — Maintenance Tribunals (typically SDM in Delhi) can pass orders within 90 days. Monthly maintenance up to Rs. 10,000 per month per parent. Children and relatives having possession of senior citizen's property are also covered. Complements S.144 BNSS — simpler process for parents/senior citizens.
View on IndiaCode →
Judgments
Landmark & Recent Judgments
1
2025 SC
Sukhdev Singh v. Sukhbir Kaur — 2025 INSC 197
Supreme Court of India | Decided: 12.02.2025 | Justices A.S. Oka, Amanullah & A.G. Masih
A 3-judge bench settled the long-disputed question on maintenance in void marriages: Section 25 HMA maintenance can be granted even when the marriage is declared void under Section 11 HMA. Similarly, interim maintenance under Section 24 HMA is available during pendency of nullity proceedings. The court held that the conduct of the party seeking relief is always relevant — the court exercises discretion. Earlier conflicting High Court decisions denying maintenance in void marriages were overruled.
Search on IndianKanoon →
2
Landmark — Comprehensive Guidelines
Rajnesh v. Neha & Anr. — (2021) 2 SCC 324
Supreme Court of India | Decided: 04.11.2020 | Justices Indu Malhotra & R. Subhash Reddy
The most comprehensive Supreme Court judgment on maintenance procedure. Binding guidelines issued: (1) Mandatory affidavit of assets and income by both parties at the start of proceedings; (2) Overlapping maintenance orders to be adjusted — one consolidated order preferred; (3) First maintenance order should ideally be passed within 60 days of notice; (4) Uniform enforcement mechanism across all courts; (5) Maintenance from the date of application; (6) Modification on change of circumstances. These guidelines apply to all maintenance proceedings — S.144 BNSS, HMA S.24-25, and DV Act S.20.
View on IndianKanoon →
3
Landmark — Quantum
Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy — (2017) 14 SCC 200
Supreme Court of India | Decided: 2017
The court laid down factors for determining quantum of maintenance: status of parties and lifestyle; needs and requirements of the claimant; income and earning capacity of the respondent (including hidden income); obligations towards other dependants; standard of living during marriage. The court held that where the respondent's lifestyle, assets, and expenditure pattern reveal a standard inconsistent with claimed income — the court may make a reasonable inference about actual income. Indicated 25% of the husband's net salary as a starting benchmark — not a rigid formula and subject to all circumstances.
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4
Landmark — Interim Maintenance (S.24 HMA)
Manish Jain v. Akanksha Jain
Supreme Court of India | (2017) 15 SCC 801 | AIR 2017 SC 1640 | Decided: 30.03.2017 | Bench: R. Banumathi and Kurian Joseph, JJ.
In fixing maintenance pendente lite under Section 24 of the Hindu Marriage Act, the court must have regard to both the applicant's own income and the income of the respondent. Interim maintenance is discretionary but must be exercised judicially; a spouse with no permanent source of income is entitled to reasonable interim support during the pendency of the proceedings.
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5
Landmark — Maintenance With Dignity
Shamima Farooqui v. Shahid Khan
Supreme Court of India | (2015) 5 SCC 705 | Decided: 06.04.2015 | Bench: Dipak Misra and Prafulla C. Pant, JJ.
Maintenance must be adequate enough to allow the wife to live with dignity, as she would have lived in her matrimonial home — she cannot be reduced to a beggar or destitute. An able-bodied husband's plea of "no means" is a bald excuse with no acceptability in law. Maintenance applications must be decided expeditiously, and Section 125 is a secular provision available across religions.
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6
Landmark — Speedy Disposal
Bhuwan Mohan Singh v. Meena
Supreme Court of India | (2015) 6 SCC 353 | AIR 2014 SC 2875 | Decided: 15.07.2014 | Bench: Dipak Misra and V. Gopala Gowda, JJ.
Proceedings under the maintenance provision are summary and social-welfare in character, meant to give destitute wives and children a speedy remedy. "Procrastination is the greatest assassin of the lis" — Family Courts must decide maintenance expeditiously and not grant liberal adjournments. An able-bodied husband is obliged to earn, even by physical labour, and maintain his wife and children.
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7
Landmark — Earning Wife Still Entitled
Sunita Kachwaha v. Anil Kachwaha
Supreme Court of India | (2014) 16 SCC 715 | AIR 2015 SC 554 | Decided: 28.10.2014 | Bench: R. Banumathi, J.
A wife's educational qualifications or her capacity to earn do not by themselves disentitle her to maintenance. Where the wife shows that she faces real hardship in maintaining herself and her children while the husband's economic condition is sound, she is entitled to maintenance. Sustenance does not mean living in penury.
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8
Landmark — "Unable to Maintain Herself"
Chaturbhuj v. Sita Bai
Supreme Court of India | (2008) 2 SCC 316 | Decided: 27.11.2007 | Bench: Dr. Arijit Pasayat and Aftab Alam, JJ.
The expression "unable to maintain herself" does not mean the wife must be absolutely destitute before she can claim maintenance. The fact that the wife earns some income does not, by itself, bar maintenance; the test is whether she can maintain herself in the manner she was used to in her husband's home. The object of maintenance is to prevent vagrancy and destitution, not to punish past neglect.
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9
Landmark — Muslim Women
Daniel Latifi v. Union of India — (2001) 7 SCC 740
Supreme Court of India | Constitution Bench | Decided: 28.09.2001
Constitution Bench upheld the Muslim Women (Protection of Rights on Divorce) Act, 1986 — but interpreted it purposively: the husband's obligation under the 1986 Act extends to making provision for the entire future of the divorced wife — not merely iddat period maintenance. The amount must be sufficient to cover the reasonable wants and needs for the rest of the woman's life. This reading substantially restored the practical effect of Shah Bano and the S.125 CrPC right for Muslim divorced women.
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10
Landmark — All Religions
Mohd. Ahmed Khan v. Shah Bano Begum — AIR 1985 SC 945
Supreme Court of India | (1985) 2 SCC 556 | CJI Y.V. Chandrachud
The most debated maintenance judgment in Indian legal history. The court held that Section 125 CrPC (now S.144 BNSS) is a secular provision applicable to all persons regardless of religion — including a divorced Muslim woman. The court specifically rejected the argument that Muslim personal law excluded Muslim women from S.125. The purpose of S.125 is to prevent destitution and vagrancy — an objective that overrides personal law. Parliament subsequently enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986 in response to public controversy — but Daniel Latifi (2001) substantially restored the practical effect of Shah Bano.
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Recent Developments
Recent Developments
2025 — SC 3-Judge Bench
Maintenance in Void Marriages — Settled
2025 INSC 197 settled conflicting HC views — HMA S.25 maintenance available even in void marriages under S.11 HMA. S.24 interim also available during nullity proceedings. Conduct of party is relevant — court exercises discretion. Earlier HC decisions denying S.25 in void marriages overruled.
2024 — BNSS in Force
S.125 CrPC Replaced by S.144 BNSS
From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita 2023 replaced CrPC 1973. S.125 CrPC is now S.144 BNSS — same substance, new numbering. All pending S.125 cases continue under BNSS. Courts are now citing S.144 BNSS for all new maintenance applications.
2021 — SC Landmark
Rajnesh v. Neha — Comprehensive Guidelines
SC issued binding guidelines on affidavit of assets, 60-day interim order target, overlapping orders adjustment, and uniform enforcement. Now the primary procedural framework for all maintenance applications across India — applicable to S.144 BNSS, HMA S.24-25, and DV Act S.20 proceedings.
2019 — Muslim Women
Triple Talaq Act — Maintenance Provision
Muslim Women (Protection of Rights on Marriage) Act 2019 makes talaq-ul-biddat (instant triple talaq) void and criminalises it. Also provides for maintenance to the wife during the period she is separated. Complements the 1986 Act and Shah Bano / Daniel Latifi framework.
Practical Tip
Choose the route that fits the case. For a quick, criminally enforceable order regardless of religion, file under Section 144 BNSS; if HMA proceedings (divorce, nullity, restitution) are already pending, claim Section 24 interim maintenance within those proceedings and Section 25 permanent alimony at the decree stage; and where there is domestic violence, Section 20 of the DV Act offers monetary relief alongside protection and residence orders. Prepare a complete, truthful affidavit of assets and income as Rajnesh v. Neha requires, and gather proof of the other side's real income — salary slips, bank statements, lifestyle evidence, business records — since courts look past suppressed income. Press for the order to run from the date of application and for early disposal. On enforcement, use the warrant route under S.144 BNSS or execution (salary/property attachment) for HMA orders, and seek variation under the relevant provision if incomes change materially later. For contested quantum or void-marriage situations, consult an advocate to frame the claim and the evidence correctly.
FAQ
Frequently Asked Questions
Can a Muslim divorced wife claim maintenance under BNSS S.144?
Yes — the Supreme Court in Shah Bano Begum (1985) settled that Section 125 CrPC (now S.144 BNSS) is a secular provision applicable to all persons regardless of religion. A divorced Muslim woman unable to maintain herself can claim maintenance under S.144 BNSS. The Muslim Women (Protection of Rights on Divorce) Act 1986 was enacted in response, but Daniel Latifi (2001) held it must be read to provide adequate future maintenance — not just iddat period payment. Both routes are available.
What factors determine the quantum of maintenance?
The key factors are: (1) Income and earning capacity of the respondent — including hidden or suppressed income; (2) Needs and requirements of the claimant — rent, food, medical, education; (3) Standard of living during the marriage; (4) Assets and liabilities of both parties; (5) Number of dependants of the respondent; (6) Any independent income of the claimant. The Supreme Court in Kalyan Dey Chowdhury (2017) indicated 25% of the husband's net salary as a starting benchmark — but this is not a rigid formula. Courts consider all facts of each case.
From which date is maintenance awarded?
Under S.144 BNSS — maintenance is typically awarded from the date of application, not from the date of the final order. Rajnesh v. Neha (2021) guidelines confirm that courts should award maintenance from the date of filing. Any arrears from the application date to the order date must be paid. Under HMA S.24 — pendente lite maintenance runs from the date of the application for S.24 relief. The court may, in its discretion, award maintenance from an earlier date in appropriate cases.
Can a working wife claim maintenance?
Yes — having some income does not automatically disentitle a wife to maintenance. The relevant question is whether her income is sufficient to maintain herself at the standard she enjoyed during the marriage. If there is a significant disparity in income between husband and wife — the court may award maintenance to bridge the gap. Under HMA S.24 — the standard is "no sufficient independent income" which is a relative concept. Under S.144 BNSS — the wife must be "unable to maintain herself" which courts interpret broadly depending on circumstances.
What happens if the respondent refuses to pay maintenance?
If the respondent defaults in paying the ordered maintenance — the claimant can file an execution application. Under S.144 BNSS — the Magistrate can issue a warrant of arrest for default; the defaulter can be sentenced to imprisonment up to 1 month for each month of default. Rajnesh v. Neha guidelines mandate uniform enforcement across courts. Under civil provisions (HMA S.25) — civil execution: attachment of salary, property, or bank accounts.
Can maintenance be claimed for children after divorce?
Yes — under S.144 BNSS, maintenance of legitimate and illegitimate minor children is a separate ground from spousal maintenance. The parent having custody of the child can claim maintenance from the other parent for the child's needs — education, medical, food, clothing. Major children with physical or mental disability can also claim maintenance under S.144 BNSS. Under HMA — during matrimonial proceedings, S.24 includes the court dealing with children's maintenance as well.
Can parents claim maintenance from their children?
Yes — Section 144 BNSS explicitly covers maintenance of parents unable to maintain themselves. Any person whose parent is unable to maintain themselves can be directed by the Magistrate to pay maintenance. Additionally, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides a streamlined route — Maintenance Tribunals (typically the SDM in Delhi) can pass orders within 90 days. The amounts are modest but the process is simpler and accessible.
Can a maintenance order be modified later?
Yes — maintenance orders are not final forever. Either party can apply for modification on a change of circumstances. Examples: respondent's income has increased significantly (claimant can seek enhancement); claimant has remarried (respondent can seek cancellation); claimant has started earning substantially (respondent can seek reduction); change in medical needs. Under S.144 BNSS — the Magistrate can alter, modify or rescind the order. Under HMA S.25 — the court can vary the order similarly.
What is the difference between S.144 BNSS and HMA S.24-25?
Key differences: (1) S.144 BNSS — for all religions, available independently without any matrimonial proceedings pending. HMA S.24 — only during pending HMA proceedings; S.25 — only after a decree. (2) S.144 BNSS is a criminal proceeding — default leads to arrest. HMA is civil — default leads to civil execution. (3) S.144 BNSS covers wife, children, and parents. HMA covers only spouses. (4) Both can run simultaneously — amounts must be adjusted per Rajnesh guidelines.
Is an affidavit of assets mandatory in maintenance proceedings?
Yes — as per the Supreme Court's binding guidelines in Rajnesh v. Neha (2021) 2 SCC 324 — both parties in maintenance proceedings are required to file a comprehensive affidavit of assets, income, and liabilities at the commencement of the proceedings. Filing a false affidavit amounts to contempt of court and perjury. Courts take note of discrepancies between lifestyle/assets and declared income — and may infer suppressed income to determine quantum of maintenance.
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Glossary
Key Legal Terms
Section 144 BNSS
Secular maintenance provision in BNSS 2023 (replaces S.125 CrPC from 1 July 2024). Wife, children, parents. All religions. Default: arrest up to 1 month.
HMA Section 24
Pendente lite — interim maintenance to either spouse without sufficient independent income, during pending HMA proceedings. Also covers litigation expenses.
HMA Section 25
Permanent alimony after final HMA decree. Also available in void marriages (2025 INSC 197). Modifiable on change of circumstances.
DV Act Section 20
Monetary relief under PWDV Act 2005 — maintenance, loss of earnings, medical expenses. All women in domestic relationships including live-in. Interim under S.23.
Rajnesh v. Neha (2021)
SC landmark — mandatory asset affidavit, 60-day interim order, overlapping orders adjustment, maintenance from date of application, uniform enforcement.
Pendente Lite
Latin: "during litigation." Maintenance paid during pendency of matrimonial proceedings — before final decree. Governed by HMA S.24 for Hindus.
Quantum of Maintenance
Amount of monthly maintenance. No fixed formula — courts consider respondent's income, claimant's needs, standard of living, assets. Benchmark: ~25% net salary (Kalyan Dey 2017).
Affidavit of Assets
Mandatory disclosure of income, property, investments, liabilities, and expenses by both parties. Required by Rajnesh v. Neha (2021). False affidavit = perjury + contempt.
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This is an informational guide and is reviewed periodically against the official sources cited above. If any provision appears outdated or an inadvertent error is noticed, it may be pointed out using the contact details on this page so that the content can be reviewed and corrected. Readers should verify the current statutory text and case law from authentic sources before relying on it.
