Maintenance and Alimony
Interim and permanent maintenance for spouses, children and parents.
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What this case type involves
Maintenance may be claimed under the personal law (Sections 24 and 25 of the Hindu Marriage Act; Section 18 of the Hindu Adoptions and Maintenance Act 1956), under the secular provision in Section 144 BNSS, and under the Domestic Violence Act. The Supreme Court in Rajnesh v. Neha (2020) laid down that interim maintenance is payable from the date of application, that both parties must file an affidavit of assets and liabilities, and that amounts awarded under different statutes are to be adjusted against each other.
Key legal provisions
Provisions are quoted by section and Act. The notes paraphrase their effect; always read the current text of the statute before relying on it.
‘Section 144, Bharatiya Nagarik Suraksha Sanhita 2023’
maintenance of wife, children and parents; interim maintenance to be decided within 60 days (formerly Section 125 CrPC).
‘Section 24, Hindu Marriage Act 1955’
maintenance pendente lite and expenses of proceedings.
‘Section 25, Hindu Marriage Act 1955’
permanent alimony and maintenance.
‘Section 20, Protection of Women from Domestic Violence Act 2005’
monetary relief including maintenance and compensation.
Filing procedure, step by step
- 1File the application with the affidavit of assets and liabilities in the format prescribed in Rajnesh v. Neha.
- 2Interim maintenance is to be decided expeditiously; arrears can be recovered by warrant and even imprisonment under Section 144(3) BNSS.
- 3Permanent alimony is fixed considering the standard of living, income and conduct of both parties.
Limitation periods
- No limitation for claiming maintenance; arrears under Section 144 BNSS must be applied for within one year of becoming due (first proviso to Section 144(3)).
Limitation is computed under the Limitation Act 1963 and the specific statute; the time taken to obtain certified copies is generally excluded. Verify the applicable period with counsel before filing.
Documents you will need
- Affidavit of assets and liabilities
- Income proof of both spouses
- Expenses of children — school fees, medical bills
- Proof of marriage and residence
Practical tips for litigants
- A capable but voluntarily unemployed husband cannot escape maintenance — courts impute notional income.
- A wife who is earning may still receive maintenance if her income is insufficient to maintain the matrimonial standard of living.
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