Maintenance laws in India exist to ensure that a person who is unable to maintain themselves is provided financial support by those legally responsible for them. These laws aim to prevent destitution and ensure a dignified life for wives, children, and parents. This article explains maintenance laws in India in simple language, covering who can claim maintenance, under which laws, how much can be claimed, and how courts decide such cases.
What Is Maintenance Under Indian Law?
Maintenance means financial support paid by one person to another to cover basic living expenses such as food, clothing, housing, education, and medical care. The purpose of maintenance is to ensure that the dependent person can live with dignity.
Who Can Claim Maintenance in India?
Under Indian law, the following persons may claim maintenance:
- Wife (including divorced wife)
- Children (minor and dependent major children)
- Parents
- In some cases, husband
Maintenance for Wife in India
A wife who is unable to maintain herself can claim maintenance from her husband.
This right exists even if:
- The wife is living separately for valid reasons
- Divorce proceedings are pending
- She is divorced and not remarried
Maintenance for Children in India
Children are entitled to maintenance from their parents.
This includes:
- Minor children
- Major children who cannot maintain themselves due to physical or mental disability
Maintenance covers education, healthcare, and daily living expenses.
Maintenance for Parents in India
Parents who cannot maintain themselves can claim maintenance from their children.
This applies to:
- Biological parents
- Adoptive parents
Both sons and daughters are equally responsible.
Maintenance Under BNSS 2023 (Earlier CrPC Section 125)
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a simple and quick remedy for wives, children, and parents to claim maintenance.
Key points:
- Summary (fast) procedure
- Monthly allowance ordered by Magistrate
- Applies regardless of religion
Maintenance Under Hindu Marriage Act, 1955
- Section 24 – Interim maintenance during case
- Section 25 – Permanent alimony after case
Either spouse may claim maintenance.
Maintenance Under Hindu Adoption and Maintenance Act, 1956
Provides maintenance rights to:
- Wife
- Children
- Aged parents
Only applicable to Hindus.
Maintenance Under Muslim Personal Law
Muslim women may claim:
- Maintenance during iddat period
- Reasonable and fair provision under Muslim Women (Protection of Rights on Divorce) Act, 1986
Maintenance Under Christian and Parsi Laws
- Indian Divorce Act, 1869
- Parsi Marriage and Divorce Act, 1936
Both laws provide maintenance and alimony rights.
Maintenance Under Domestic Violence Act, 2005
A woman facing domestic violence may seek:
- Monthly maintenance
- Residence orders
- Monetary relief
Difference Between Interim Maintenance and Permanent Maintenance
Interim Maintenance: Temporary support during court proceedings.
Permanent Maintenance: Long-term or lifetime support after final decision.
Frequently Asked Questions (FAQs)
Who can claim maintenance under BNSS?
Wife, children, and parents.
Is maintenance taxable?
Generally, maintenance is taxable as income.
Can maintenance be increased later?
Yes, on change of circumstances.
Is there a time limit to file maintenance?
No strict limitation.
To know more about the topic, you may check out this book.
