Alimony | Maintenance Lawyer in Delhi
Alimony & Maintenance in India
This guide covers Alimony & Maintenance Laws in India under Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Civil Procedure Code (CPC), Criminal Procedure Code (CrPC), landmark judgments, and FAQs, along with the filing procedure.
1. Alimony & Maintenance Under Bharatiya Nyaya Sanhita (BNS), 2023
(Replaced IPC from July 1, 2024)
| BNS Section | Provision | Punishment |
|---|---|---|
| Sec 357 | Compensation & maintenance for spouse | Court-determined amount based on income |
| Sec 305 | Desertion (abandoning spouse without reason) | Grounds for divorce & maintenance |
| Sec 319 | Maintenance rights in live-in relationships | Maintenance granted if relationship proven |
2. Alimony & Maintenance Under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
(Replaced CrPC from July 1, 2024)
| BNSS Section | Provision |
|---|---|
| Sec 176 | Speedy trial for maintenance cases |
| Sec 173 | Electronic filing of maintenance applications |
| Sec 357 | Compensation for dependent spouse and children |
| Sec 92 | Interim maintenance during legal proceedings |
3. Alimony & Maintenance Under Criminal Procedure Code (CrPC), 1973
| CrPC Section | Provision |
|---|---|
| Sec 125 | Maintenance for wife, children, and parents |
| Sec 126 | Procedure for filing maintenance claims |
| Sec 128 | Enforcement of maintenance orders |
- CrPC Sec 125 applies to all religions and grants maintenance to:
- Wife (including divorced wife)
- Minor children
- Parents (elderly dependent parents)
4. Alimony & Maintenance Under Civil Procedure Code (CPC), 1908
| CPC Provision | Purpose |
|---|---|
| Order 7, Rule 1 | Filing a petition for maintenance |
| Order 39, Rule 1 & 2 | Interim maintenance orders |
| Section 9 | Jurisdiction for maintenance cases |
| Section 26 | Alimony and child support claims |
5. Types of Maintenance in India
- Permanent Alimony – One-time lump sum payment.
- Interim Maintenance – Financial support during divorce proceedings.
- Child Maintenance – Monthly expenses for the child.
- Parental Maintenance – Financial support for elderly parents.
6. Steps to File for Alimony & Maintenance
Step 1: Hire a Family Lawyer
- Consult a lawyer for advice on your eligibility and estimated amount.
Step 2: Gather Documents
- Marriage proof (Marriage certificate)
- Income proof (Salary slips, ITRs, Bank statements)
- Proof of expenses (Children’s school fees, medical bills, rent, etc.)
Step 3: Draft & File a Petition
- The petitioner files a maintenance claim in Family Court under:
- CrPC Sec 125 (for maintenance)
- Hindu Marriage Act Sec 24 & 25 (for alimony)
Step 4: Court Summons to Opposing Party
- The respondent (husband/wife) is notified and must file a reply.
Step 5: Court Hearing & Evidence Submission
- Both parties present financial details, expenses, and justifications.
Step 6: Court Grants Interim or Permanent Maintenance
- Interim maintenance is granted during the case.
- Final alimony/maintenance is decided after all hearings.
Step 7: Execution & Payment Collection
- If the respondent does not pay, legal action is taken for enforcement.
7. Landmark Judgments on Alimony & Maintenance
1. Rajnesh v. Neha (2020)
- Set guidelines for calculating maintenance based on income & expenses.
2. Shamima Farooqui v. Shahid Khan (2015)
- Husband cannot avoid maintenance obligations by claiming unemployment.
3. Kusum Sharma v. Mahinder Kumar Sharma (2015)
- Both parties must submit affidavits detailing financial status.
4. Noor Saba Khatoon v. Mohd. Quasim (1997)
- Muslim divorced women can claim maintenance beyond Iddat period.
5. Shailja & Ors. v. Khobbanna (2018)
- A working wife can also claim maintenance if there’s a significant income gap.
8. FAQs on Alimony & Maintenance
Q1: How much alimony is granted in India?
- Lump sum: 20-50% of husband’s net worth.
- Monthly Maintenance: 25-30% of husband’s income.
Q2: Can a husband claim alimony?
- Yes, if the wife earns significantly more than the husband.
Q3: Can maintenance be denied?
- Yes, if the wife is self-sufficient or remarried.
Q4: How long does alimony last?
- Mutual divorce: One-time settlement.
- Contested divorce: Till remarriage or financial independence.
Q5: What happens if a husband refuses to pay?
- Court can seize assets or issue an arrest warrant.
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