02 · Family & Personal Matters
Maintenance & Alimony
Financial support payable to a spouse, child or parent.
What this covers
- 01Interim maintenance during proceedings
- 02Permanent alimony on divorce
- 03Maintenance for children
- 04Maintenance for parents
- 05Variation and enforcement of maintenance orders
How it generally works
Maintenance can be claimed under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 125 of the Code of Criminal Procedure), which applies regardless of religion, and under personal laws such as sections 24 and 25 of the Hindu Marriage Act, 1955 and the Hindu Adoptions and Maintenance Act, 1956.
Courts consider the income, assets and needs of both sides, the standard of living, and the parties' responsibilities. Parties are generally required to disclose their income and assets on affidavit.
Maintenance orders can be changed if circumstances change, and unpaid amounts can be enforced through the court.
