When a marriage breaks down, financial support — known as maintenance or alimony — becomes a critical issue. Here is what Indian law says about who can claim it, how much, and how to get it.
What is Maintenance?
Maintenance is financial support paid by one spouse to the other (and sometimes to children) after separation or divorce. It is meant to ensure that the dependent spouse is not left without means of support.
Who Can Claim Maintenance?
In India, maintenance can be claimed by:
- Wife — from husband, under various personal laws and Section 125 CrPC
- Children — minor children from the parent who does not have custody
- Parents — from adult children who have sufficient means
Note: Under Section 125 CrPC (now Section 144 BNSS), even a husband can claim maintenance from a wife if he is unable to support himself, though this is rare in practice.
Interim Maintenance vs Permanent Maintenance
Interim maintenance is granted quickly during the pendency of proceedings to ensure immediate financial support. Permanent maintenance is decided at the conclusion of divorce proceedings.
How is the Amount Decided?
Courts consider:
- Income and assets of both parties
- Standard of living during the marriage
- Ability of the claimant to support themselves
- Number of dependents
- Conduct of both parties
Can Maintenance Be Modified?
Yes. If there is a change in circumstances — such as the recipient remarrying, the payer losing their job, or a significant change in income — either party can apply to the court to modify the maintenance order.
What if the Spouse Refuses to Pay?
If the court has ordered maintenance and the spouse refuses to pay, you can file for enforcement. The court can order attachment of salary, bank accounts, or property.
Adv. Astha Singh at GuruLegal handles maintenance claims and family law matters. Book a consultation.