Maintenance and Alimony in Tamil Nadu
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 Tamil Nadu differs from central law
Maintenance (alimony) in Tamil Nadu is governed by personal law statutes and the secular provision under BNSS (formerly Section 125 CrPC), with Tamil Nadu Family Courts being particularly active in maintenance matters.
- Under Section 144 BNSS (replacing Section 125 CrPC), any person who has sufficient means but neglects to maintain their wife, children, or parents can be ordered to pay monthly maintenance. The maximum was earlier capped at Rs 500/month but is now uncapped — the Magistrate determines a fair amount based on the parties' circumstances.
- Under the Hindu Marriage Act, 1955 (Section 25), the court can order permanent alimony or maintenance as a lump sum or periodic payment. Section 24 provides for interim maintenance during the pendency of divorce proceedings.
- Tamil Nadu Family Courts frequently apply the one-third rule (as a starting guideline) — awarding the dependent spouse roughly one-third of the earning spouse's income, adjusted based on needs, liabilities, and the standard of living during the marriage.
- The Madras High Court has held that maintenance is a right, not charity, and that a working wife earning less than the husband is still entitled to maintenance reflecting the standard of living she enjoyed during the marriage.
- For Muslim women, the Muslim Women (Protection of Rights on Divorce) Act, 1986 applies, but the Supreme Court in Shah Bano and Danial Latifi cases confirmed that Muslim women can claim maintenance under Section 125 CrPC (now Section 144 BNSS) as well.
Additional Steps in Tamil Nadu
File a maintenance petition under Section 144 BNSS before the Magistrate, or under Section 24/25 of the Hindu Marriage Act in the Family Court. Provide evidence of the spouse's income, assets, and standard of living. You can seek interim maintenance while the case is pending. Contact TNSLSA for free legal aid.
Relevant Law: Bharatiya Nagarik Suraksha Sanhita, 2023 (s. 144 — maintenance); Hindu Marriage Act, 1955 (ss. 24, 25); Hindu Adoptions and Maintenance Act, 1956 (s. 18); Family Courts Act, 1984; Madras High Court maintenance precedents
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.