When a marriage breaks down, it brings not just emotional strain but also financial concerns. In such situations, maintenance or alimony becomes an important legal safeguard, especially for the financially dependent spouse.
This blog explains what maintenance and alimony mean, who is eligible to claim it, how courts decide the amount, and the legal process to apply for it in India.
What Is Maintenance or Alimony?
Maintenance, also referred to as alimony, is financial support given by one spouse to the other after separation or divorce. The aim is to ensure that the dependent spouse can maintain a reasonable standard of living, especially if they have no or limited income of their own.
The legal right to maintenance arises out of marriage, and the laws apply equally to both husbands and wives — although most cases involve women seeking support from their husbands.
Types of Maintenance in India
There are generally two types of maintenance provided under Indian law:
1. Interim Maintenance
- Temporary financial assistance granted during the ongoing court proceedings.
- Helps the dependent spouse manage basic expenses like rent, food, and legal costs.
- Granted under Section 24 of the Hindu Marriage Act or Section 125(1) of CrPC.
2. Permanent Maintenance
- Awarded after the final judgment in divorce or separation cases.
- Can be paid monthly or as a one-time lump sum.
- Covered under various personal laws and Section 25 of the Hindu Marriage Act.
Who Can Claim Maintenance?
Maintenance is not gender-specific — both spouses can claim it depending on their financial need. However, in most cases, it is claimed by:
1. Wife
A wife can claim maintenance:
- During separation or divorce
- If the husband refuses or neglects to maintain her
- Even if she is living separately due to cruelty or other valid reasons
Applicable under:
- Section 125 of the Criminal Procedure Code (CrPC)
- Hindu Marriage Act, 1955
- Protection of Women from Domestic Violence Act, 2005
- Muslim Women (Protection of Rights on Divorce) Act, 1986
- Special Marriage Act, 1954
2. Husband
A husband can also claim maintenance if:
- He is physically or financially unable to earn
- The wife earns significantly more
Courts may consider such cases under gender-neutral provisions, although it’s less common.
3. Children
Minor children (legitimate or illegitimate) are entitled to maintenance from parents, regardless of marital status.
4. Parents
Elderly parents can also claim maintenance from children under Section 125 of CrPC or the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Factors Courts Consider While Granting Maintenance
Courts evaluate several key factors before deciding on the amount:
- Income and assets of both spouses
- Standard of living during marriage
- Age and health of both parties
- Number of dependents
- Duration of the marriage
- Reasons for divorce or separation (like cruelty or adultery)
There is no fixed formula, and each case is decided based on its individual facts and merits.
How to Apply for Maintenance in India
Here’s a general step-by-step process:
Step 1: Hire a Lawyer
Consult a family lawyer who can assess your case and prepare the necessary documents.
Step 2: File a Maintenance Petition
You can file an application under:
- Section 125 CrPC (criminal remedy)
- Personal laws like Hindu Marriage Act, Parsi Marriage Act, etc.
Petitions are usually filed in the Family Court or Magistrate’s Court, depending on the law applicable.
Step 3: Submit Income Proof and Expenses
Attach income certificates, bank statements, medical bills, rent receipts, and other financial documents.
Step 4: Court Hearing
Both parties present their arguments, and the judge may also order a financial affidavit from the earning spouse.
Step 5: Order Passed
The court grants maintenance if it finds sufficient grounds and orders the payment terms, which must be followed strictly.
What If the Spouse Refuses to Pay?
If the spouse refuses to comply with the court order:
- Legal action can be taken for recovery
- The court can attach salary, issue a warrant, or even jail the defaulter in serious cases
- The defaulting party may face contempt of court proceedings
Can Maintenance Be Changed Later?
Yes, either spouse can approach the court for:
- Modification: If there is a significant change in income or circumstances
- Cancellation: If the recipient remarries or starts earning sufficiently
Final Thoughts
Maintenance or alimony is a crucial support system that protects the rights of financially weaker spouses and dependents after marital breakdown. It ensures that even after separation, no one is left without basic means to live with dignity.
If you are facing a marital dispute or separation, it’s essential to know your rights and take legal steps to secure financial support, if needed.