Maintenance and Alimony in Delhi
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?
Indian law allows spouses, children, and parents to claim maintenance from the person liable for their support.
- 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.
How Delhi differs from central law
The Delhi High Court has developed a substantial body of case law on maintenance, and is known for progressive maintenance orders.
- Maintenance can be claimed under multiple statutes: Section 125 CrPC/s. 144 BNSS (applicable to all religions), the Hindu Adoptions and Maintenance Act, 1956, the Protection of Women from Domestic Violence Act, 2005, and the Hindu Marriage Act, 1955 (Section 24 for pendente lite maintenance and Section 25 for permanent alimony).
- Delhi courts consider the standard of living of the parties, the husband's income and assets, the wife's earning capacity, and the needs of dependent children when fixing maintenance amounts. Given Delhi's high cost of living, maintenance orders in Delhi tend to be higher than in many other states.
- The Delhi High Court has held that maintenance should be sufficient to maintain the wife in a standard comparable to what she enjoyed during the marriage, and has directed husbands to disclose their full income and assets.
- Interim maintenance (maintenance pendente lite) can be ordered within weeks of filing, and Delhi courts have been directed by the High Court to decide Section 125/144 applications expeditiously.
- The Delhi Commission for Women (DCW) assists women in filing maintenance claims and can summon the husband for mediation before the matter reaches court.
Additional Steps in Delhi
File a maintenance petition under Section 144 BNSS before the Magistrate's Court in the district where you reside, or a petition under the Hindu Marriage Act/DV Act in the Family Court. For immediate relief, seek interim maintenance. Approach the DCW for assistance and mediation before filing. DSLSA provides free legal aid for maintenance cases.
Relevant Law: Bharatiya Nagarik Suraksha Sanhita, 2023, s. 144; Hindu Adoptions and Maintenance Act, 1956; Hindu Marriage Act, 1955, ss. 24–25; Protection of Women from Domestic Violence Act, 2005
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.