Key points
- A wife (including a divorced wife who has not remarried), minor children, adult children unable to maintain themselves due to disability, and parents can claim from a person with sufficient means who neglects them.
- Interim maintenance is decided on the affidavit of assets and liabilities mandated in Rajnesh v. Neha (2020), and is payable from the date of the application.
- Non-payment can lead to attachment of salary and property and imprisonment up to one month for each month's default.
Who can claim
A wife unable to maintain herself; a legitimate or illegitimate minor child; an adult child unable to maintain itself because of physical or mental abnormality; and a father or mother unable to maintain themselves. A wife living in adultery, or who refuses to live with her husband without sufficient reason, or who lives separately by mutual consent, is not entitled. A working wife can still claim if her income is insufficient to maintain the standard of the matrimonial home.
Muslim women
After Mohd. Ahmed Khan v. Shah Bano (1985), Danial Latifi (2001) and Mohd. Abdul Samad v. State of Telangana (2024), a divorced Muslim woman can claim under Section 144 BNSS in addition to her rights under the 1986 Act, and the remedy continues until she remarries.
Quantum
There is no fixed formula. Courts look at the income of both parties, the standard of living, the number of dependants, reasonable needs and the affidavit of assets. As a practical guide, courts often award 25% of the husband's net income to a wife, more where children are involved.
Procedure
The application is filed in the family court where the applicant resides. Interim maintenance is usually decided within a few months on affidavits; the final order follows evidence. Arrears can be claimed for up to one year before the application.
Enforcement
The court can issue a warrant for levy of the amount as a fine, attach salary through the employer, and sentence the defaulter to imprisonment up to one month for each month's arrears.
Frequently asked questions
Can a husband claim maintenance from his wife?
Not under Section 144 BNSS, but under Section 24 of the Hindu Marriage Act either spouse without independent income can claim maintenance pendente lite in matrimonial proceedings.
Does maintenance stop if the wife starts working?
Not automatically. The husband can apply for modification under Section 147 BNSS on a change in circumstances, and the court will reassess.
Can maintenance be claimed in addition to a domestic violence order?
Yes, but amounts awarded under one proceeding are adjusted against the other so there is no double recovery.
Related practice area: Family Matters & Pro Bono
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.