Maintenance – Legal Support for Financial Security and Stability

In family and matrimonial disputes, financial support plays a crucial role in ensuring a dignified life for the dependent spouse, children, or parents. Maintenance is a legal right that provides monetary assistance to individuals who are unable to maintain themselves after separation or divorce.

Key Highlights

  • Filing of Maintenance Petitions
  • Defending Maintenance Claims
  • Interim & Permanent Maintenance
  • Modification or Enforcement
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FAQ

Maintenance

1. Who can claim maintenance and from whom?

Maintenance can be claimed by anyone who is dependent on another for basic needs but is being neglected. Under Indian law, the following can claim maintenance:

  • Wife or husband – if one spouse cannot maintain themselves.
  • Children – minor children (legitimate or illegitimate) and even adult children who are physically or mentally unable to earn.
  • Parents – aged or dependent parents who are unable to maintain themselves.
    In short, any person who is legally entitled to support and has been left without care can claim maintenance from the person responsible.
2. Can maintenance be claimed without divorce or during marriage?

Yes. Maintenance is not limited to divorced persons. A spouse can claim maintenance even while living together or living separately if the other spouse neglects or refuses to provide financial support. For example, a wife can claim maintenance under Section 125 CrPC or Section 18 of the Hindu Adoption and Maintenance Act, 1956, even without divorce, if the husband is not fulfilling his marital responsibilities. Similarly, a husband who is unable to earn due to physical disability or other valid reasons may also claim maintenance from his wife as per modern judicial interpretations.

3. What are the main laws that provide for maintenance in India?

Maintenance is covered under several laws depending on religion and relationship:

  • Section 125 of the Code of Criminal Procedure (CrPC), 1973 – universal and applies to all religions.
  • Hindu Marriage Act, 1955 (Sections 24 & 25) – for interim and permanent maintenance between spouses.
  • Hindu Adoption and Maintenance Act, 1956 – gives Hindu wives, children, and parents the right to claim maintenance.
  • Muslim Women (Protection of Rights on Divorce) Act, 1986 – protects the rights of divorced Muslim women.
  • Special Marriage Act, 1954 – for couples married under this Act.
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – gives rights to parents and senior citizens to claim maintenance from their children.
4. How can a person file for maintenance?

To start a maintenance case:

  1. File an application or petition before the Family Court or Magistrate Court, depending on the applicable law.
  2. Include details such as:
    • Relationship proof (like marriage certificate or birth certificate)
    • Proof of income (salary slips, property details, etc.)
    • Evidence showing neglect or refusal of support
  3. The court will issue notice to the other side, hear both parties, and decide the amount.
    You can also apply for interim maintenance during the proceedings to cover your immediate living costs.
5. How does the court decide the amount of maintenance?

The court considers several practical and legal factors:

  • The income and earning capacity of both parties
  • The standard of living during the marriage
  • The number of dependents and their needs
  • The health and age of the applicant

The conduct of the parties (for instance, desertion or cruelty) There is no fixed formula; the court aims for a fair amount that ensures a reasonable standard of living for the dependent person.

6. Can a working woman claim maintenance?
Yes, but with conditions. A working woman can claim maintenance if her income is not sufficient to maintain herself in the same standard of life that she enjoyed during marriage. For example, if she earns a small salary but her husband has a much higher income, she can still seek additional support. However, if she is financially independent and earning well, the court may deny or reduce the maintenance amount.
7.Can parents also claim maintenance from their children?

Absolutely.

Under Section 125 CrPC and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, parents (including adoptive and step-parents) can claim maintenance from their children if they are neglected or not provided for. This applies to both sons and daughters, whether married or unmarried. The law recognizes that children have a moral and legal duty to take care of their parents in their old age.

8. What happens if the person ordered to pay maintenance refuses to pay?

If someone fails to pay maintenance after a court order:

  • The court can issue a warrant for recovery.
  • Their salary or property can be attached (seized).
  • The court can even send them to jail for up to one month for each month of default under Section 125(3) CrPC. The law takes non-payment of maintenance very seriously, as it directly affects the survival of the dependent person.
9. Can maintenance be changed or stopped later?
Yes, maintenance can be increased, decreased, or even cancelled based on changing circumstances. For example, if the paying spouse’s income increases, the dependent can seek an enhancement. If the dependent starts earning well or remarries (in case of wife), maintenance may be reduced or stopped. Either party can approach the court for a modification order whenever there is a significant change in financial or personal circumstances.
10. What is the difference between interim and permanent maintenance?
Interim maintenance means temporary support granted during the case to meet daily expenses like rent, food, and medical needs until the case is decided. Permanent maintenance is granted after the final decision, either as a monthly payment or a lump sum amount, depending on what the court finds suitable. Both aim to ensure that the dependent person can live with dignity and basic comfort.