Indicative Maintenance Range
Enter income details to get indicative range
S.144 BNSS / S.125 CrPC
Maintenance Calculator
Get an indicative maintenance range under Section 144 BNSS / Section 125 CrPC, based on Delhi High Court guidelines. Actual award is at the court’s discretion.
Maintenance Calculator
S.144 BNSS
S.125 CrPC
Delhi HC Guidelines
Indicative maintenance range under S.144 BNSS / S.125 CrPC and Delhi High Court guidelines. Actual award is at the court’s discretion. Informational reference only.
Indicative maintenance range with the wife's band based on Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017) SC, and the governing factors from Rajnesh v. Neha (2020) SC. There is no fixed statutory formula — the amount is fixed on the facts of each case. For reference only.
Maintenance Details
Where Maintenance Can Be Claimed Statutory Provisions
| Provision | Who Can Claim / Scope |
|---|---|
| Section 144, BNSS 2023 (earlier S.125 CrPC) | Wife, minor children, and parents unable to maintain themselves — secular, summary remedy in criminal court |
| Section 24, Hindu Marriage Act 1955 | Interim maintenance & litigation expenses to either spouse during pendency of proceedings |
| Section 25, Hindu Marriage Act 1955 | Permanent alimony & maintenance after divorce / decree |
| Section 18, Hindu Adoptions & Maintenance Act 1956 | Right of a Hindu wife to be maintained by her husband during her lifetime |
| Section 20, Hindu Adoptions & Maintenance Act 1956 | Maintenance of children and aged / infirm parents |
| Section 20, Protection of Women from Domestic Violence Act 2005 | Monetary relief (including maintenance) in a domestic violence complaint |
| Special Marriage Act 1954 | Maintenance & alimony for inter-faith / civil marriages (S.36 & S.37) |
| Maintenance & Welfare of Parents & Senior Citizens Act 2007 | Senior-citizen parents may claim maintenance from children before a Tribunal |
A claimant is not limited to one statute — parallel applications across forums are permissible, but maintenance for the same period cannot be drawn twice (overlapping amounts are adjusted — Rajnesh v. Neha).
Factors the Court Considers Rajnesh v. Neha (2020) — Supreme Court
| # | Factor |
|---|---|
| 1 | Status of the parties — social and financial |
| 2 | Reasonable needs of the wife and dependent children |
| 3 | Educational qualifications & professional skills of both parties |
| 4 | Whether the claimant has any independent income / source — and if it is sufficient for the same standard of living |
| 5 | Standard of living enjoyed during the marriage |
| 6 | Any sacrifice of employment for family responsibilities |
| 7 | Reasonable litigation costs for a non-working wife |
| 8 | The husband's actual income, liabilities and his other dependants / financial obligations |
| 9 | Maintenance of minor children; serious disability of spouse or child |
Affidavit of Disclosure (Mandatory) Rajnesh v. Neha (2020)
| Both Parties Must Disclose | Details |
|---|---|
| Income | Salary / business income, all sources, with documentary proof (ITR, salary slips, bank statements) |
| Assets | Movable & immovable property, investments, bank balances |
| Liabilities | Loans, EMIs, statutory dues and other genuine obligations |
| Dependants | Other persons dependent on the income (parents, children from another relationship) |
Rajnesh v. Neha made a uniform Affidavit of Disclosure of Assets and Liabilities compulsory in all maintenance proceedings. The court determines maintenance on the husband's actual capacity, not his claimed income (adverse inference may be drawn for non-disclosure).
Key Principles Rajnesh v. Neha (2020) & allied judgments
| Principle | Effect |
|---|---|
| Date of maintenance | Maintenance is ordinarily awarded from the date of the application, not the date of the order (delays are beyond the claimant's control) |
| No double maintenance | Overlapping amounts under different statutes (S.144 BNSS, S.24 HMA, DV Act) are adjusted / set off — the wife cannot draw twice for the same period |
| Earning wife | An earning wife may still claim maintenance if her income is insufficient to maintain the marital standard of living (Shailja v. Khobbanna) |
| Realistic & reasonable | The award must be neither so high as to be oppressive nor so low as to drive the wife to penury |
| 25% benchmark | 25% of the husband's net salary has been held just & proper for the wife (Kalyan Dey Chowdhury, 2017) — an indicator, not a binding formula |
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