Laws that provide maintenance
- Section 144 BNSS (earlier Section 125 CrPC): for wife, children and parents unable to maintain themselves
- Sections 24 and 25, Hindu Marriage Act, 1955: interim and permanent maintenance and alimony
- Section 18 and 20, Hindu Adoptions and Maintenance Act, 1956
- Section 20, Protection of Women from Domestic Violence Act, 2005: monetary relief
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Income affidavits
Following the Supreme Court's decision in Rajnesh v. Neha (2020), both parties in maintenance cases file a detailed affidavit of assets and liabilities. Accurate, well-documented disclosures are central to how interim and final maintenance is fixed.
Enforcement
If maintenance ordered is not paid, recovery and enforcement proceedings can be initiated. Arrears should be raised promptly.
Frequently asked questions
Can interim maintenance be granted while the case is pending?
Yes. Courts can grant interim maintenance during the proceedings, based on the parties' incomes and needs.
Can parents claim maintenance from children?
Yes. Parents unable to maintain themselves can claim under Section 144 BNSS and the Senior Citizens Act, 2007.
Can maintenance be changed later?
Yes, it can be altered on proof of a change in circumstances, such as a change in income.
Related practice areas
This page gives general information about Indian law and is not legal advice. Laws and procedures change; please consult an advocate about your specific facts.