What is Maintenance in Indian Family Law?
When a marriage ends or a family dispute arises, one question often looms large: *Who pays for what?* In India, Maintenance is a financial support provided by one spouse to another or to children. It’s designed to ensure that no one is left destitute during or after legal proceedings, balancing fairness with practical needs.
At Mutual Divorce Online, we’ve helped many clients navigate maintenance claims. Here we’ll break it down for you.
Maintenance isn’t just about divorce—it can apply in cases of judicial separation, domestic violence, or even for children and elderly parents. It’s governed by laws like the Hindu Marriage Act (HMA), 1955, the Code of Criminal Procedure (CrPC), 1973, and personal laws for Muslims, Christians.. Whether you’re seeking support or defending a claim, understanding your rights is the first step.
Types of Maintenance: Interim vs. Permanent
Maintenance in India comes in two main forms: interim and permanent. Each serves a distinct purpose, and knowing the difference can clarify what to expect.
Interim Maintenance
What is it? Interim maintenance is temporary financial support paid while a case—say, a divorce or domestic violence petition—is ongoing. Under Section 24 of the HMA or Section 125 of the CrPC, it ensures that a spouse (or child) without sufficient income isn’t disadvantaged during litigation.
Why it matters: Court cases can drag on for months or years. If one spouse earns significantly more, the other might struggle to cover daily expenses or legal fees. Interim maintenance levels the playing field. For example, a homemaker spouse might receive it to afford rent or childcare while the case unfolds.
How it’s decided: Courts look at the paying spouse’s income, the recipient’s needs, and living standards. It’s not a final ruling—just a stopgap—so amounts can vary widely from a few thousand rupees monthly to lakhs, depending on circumstances.
Permanent Maintenance
What is it? Permanent maintenance is a long-term award granted when the case concludes, often in divorce or separation rulings (Section 25 HMA). It can be a lump sum or monthly payments, lasting indefinitely or for a set period.
Why it matters: After a marriage ends, one spouse might lack the means to sustain themselves—especially if they sacrificed career opportunities for family. Permanent maintenance ensures financial stability, like monthly support for a non-working spouse or a one-time settlement to start anew.
How it’s decided: Courts weigh factors like the duration of marriage, the recipient’s age and health, and both parties’ financial status. For instance, a 15-year marriage might yield higher maintenance than a 2-year one.
Our experts guide you through every aspect of maintenance claims.
Who Can Claim Maintenance?
Maintenance laws in India are inclusive, reflecting the diversity of family structures. Here’s who’s eligible:
- Wives: Under HMA, CrPC, or personal laws, a wife can claim maintenance if she can’t support herself. This applies in divorce, separation, or even while married (e.g., under Section 125 CrPC for “destitute” spouses).
- Husbands: Yes, men can claim too. Section 24 HMA is gender-neutral. A husbands who is unable to maintain themselves (e.g., due to disability) can seek support, though it’s less common.
- Children: Minor or unmarried daughters (even adults, if unable to support themselves) can claim from either parent under Section 125 CrPC or HMA.
- Parents: Elderly or infirm parents can seek maintenance from their children under Section 125 CrPC.
A key condition? The claimant must lack “sufficient means.” If you earn well independently, courts might deny your claim—fairness cuts both ways.
How is Maintenance Calculated?
There’s no fixed formula—courts use discretion based on these factors:
- Income and Property: The paying spouse’s earnings and assets (salary, investments, etc.) vs. the claimant’s resources.
- Lifestyle: The standard of living during marriage—courts aim to preserve it where possible.
- Needs: Claimant’s expenses (housing, food, medical care) and dependents (e.g., children).
- Conduct: Fault in the marriage (e.g., adultery) might reduce or deny maintenance, though it’s not always a factor.
- Duration: Longer marriages often lead to higher awards; short ones might get minimal or none.
For example, if a husband earns ₹2 lakh monthly and the wife has no income, she might receive ₹50,000 monthly interim support. Permanent amounts could be lower or a lump sum, like ₹10 lakh, depending on the judge’s ruling.
Maintenance for NRIs
For Non-Resident Indians (NRIs), maintenance adds complexity. If you’re abroad but your spouse is in India, they can file here under Indian laws—courts have jurisdiction if the marriage occurred in India. Payments might need conversion (e.g., rupees to dollars), and enforcement across borders can be tricky. We at Mutual Divorce Online specialize in these cases, ensuring claims are pursued effectively, whether you’re in Delhi or Dubai.
How We Can Help
Filing for maintenance—or defending against it—requires precision. Our team drafts petitions that highlight your financial reality, whether you’re seeking interim relief or negotiating a final settlement. We operate in cities like Delhi, Gurgaon, Noida, Bangalore, and Mumbai, and offer nationwide Free Legal Consultation. Want to know more? Explore our full range of family law services.