Maintenance and Alimony in India
Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Maintenance — financial support — can be claimed three ways in India, and they don't cancel each other out. The criminal-procedure route is the fastest; the family-law route is the most generous; the DV Act route is the most flexible. Pick based on your situation.
- Section 144 BNSS (formerly s. 125 CrPC): This is the most accessible remedy — available to any wife, legitimate or illegitimate child, or parent unable to maintain themselves. Applications are made to the Magistrate's court (not Family Court). Magistrates can order monthly maintenance up to the amount they deem fit; courts must pass orders within 60 days of the first date of notice. There is no upper limit on the amount.
- Hindu Marriage Act (ss. 24–25): Interim maintenance (pendente lite) and permanent alimony can be awarded in divorce proceedings before the Family Court.
- Uniform standard (Rajnesh v. Neha, 2021): The Supreme Court has given detailed guidelines on how maintenance is to be calculated — considering both spouses' incomes, assets, standard of living during marriage, and child-rearing responsibilities.
- Muslim women: After the Supreme Court ruling in Mohd. Abdul Samad v. State of Telangana (2024), divorced Muslim women are also entitled to maintenance under s. 125 CrPC (now s. 144 BNSS) for life or until remarriage — not limited to the iddat period.
- Enforcement: Non-payment of maintenance is punishable — the court can issue a warrant of arrest against the defaulting spouse.
When does it apply?
- You are a wife (or ex-wife), child, or parent who cannot support yourself and the person responsible for your support is neglecting you.
- You are going through a divorce and need interim maintenance during the proceedings.
- You already have a maintenance order but the other party is not paying.
What to Do If Your Spouse Is Refusing to Pay Maintenance in India
- File an application for maintenance under BNSS s. 144 before the Chief Judicial Magistrate or Judicial Magistrate of First Class in your district — this is faster than Family Court proceedings and does not require a divorce to be filed first.
- In divorce proceedings, file an interim maintenance application under HMA s. 24 at the Family Court — courts can order interim maintenance within a few weeks.
- If maintenance is not being paid, file a petition for recovery before the same court — the court can issue a warrant of arrest and attachment of salary or bank accounts.
What should you NOT do?
- Do not delay filing for maintenance — courts can grant maintenance from the date of the application, not from the date of the order, but only if you apply early.
- Do not agree to a lump-sum settlement without understanding whether it covers all future needs — courts are reluctant to reopen a final maintenance settlement.
- Do not stop paying maintenance even if you believe the amount is excessive — pay and simultaneously file an application to modify the order; unilateral withholding results in arrest warrants.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Indian central law.
8 states available
Common Questions
When does maintenance and alimony apply?
You are a wife (or ex-wife), child, or parent who cannot support yourself and the person responsible for your support is neglecting you.You are going through a divorce and need interim maintenance during the proceedings.You already have a maintenance order but the other party is not paying.
What should I do if my spouse has stopped paying maintenance ordered by an Indian court?
File an application for maintenance under BNSS s. 144 before the Chief Judicial Magistrate or Judicial Magistrate of First Class in your district — this is faster than Family Court proceedings and does not require a divorce to be filed first.In divorce proceedings, file an interim maintenance application under HMA s. 24 at the Family Court — courts can order interim maintenance within a few weeks.If maintenance is not being paid, file a petition for recovery before the same court — the court can issue a warrant of arrest and attachment of salary or bank accounts.
What mistakes should I avoid with maintenance and alimony?
Do not delay filing for maintenance — courts can grant maintenance from the date of the application, not from the date of the order, but only if you apply early.Do not agree to a lump-sum settlement without understanding whether it covers all future needs — courts are reluctant to reopen a final maintenance settlement.Do not stop paying maintenance even if you believe the amount is excessive — pay and simultaneously file an application to modify the order; unilateral withholding results in arrest warrants.
Maintenance and Alimony in other states
Same topic, different jurisdiction. Pick the one that applies to you.