Free legal helpहिन्दी
Legal Saathi
All guides

family

Maintenance / Alimony Claims

You need financial support (maintenance/alimony) from your spouse, or you need to claim maintenance for your children or elderly parents.

Do this now
  1. 01Calculate your monthly expenses and financial needs
  2. 02Gather proof of spouse's / respondent's income
  3. 03File application under BNSS Section 144 in Magistrate Court
  4. 04For interim maintenance — apply under Section 24 HMA
  5. 05For domestic violence cases — file DV Act application
  6. 06Elderly parents — apply to Maintenance Tribunal in your district
  7. 07Seek legal aid if you cannot afford a lawyer (DLSA)
Evidence to collect
  1. Marriage certificate
  2. Proof of spouse's income (salary slips, ITR, bank statements)
  3. Your monthly expense details
  4. Children's school fees, medical expenses
  5. Proof of standard of living during marriage
  6. Property documents of spouse
  7. Any existing agreements or court orders
Documents you need
  1. Maintenance application / petition
  2. Marriage certificate
  3. Income proof of respondent
  4. Expense statements
  5. Children's birth certificates
  6. Medical records (if health issues)
  7. ID proof and address proof
Where to complain
  1. Family Court — For maintenance during/after divorce
  2. Magistrate Court — Under BNSS Section 144
  3. Maintenance Tribunal — For senior citizens
  4. District Legal Services Authority — For free legal aid
  5. Protection Officer — For DV Act cases
Laws that apply
  1. BNSS Section 144 — Maintenance of wives, children and parents
  2. Hindu Adoption and Maintenance Act — Section 18 (Wife's maintenance)
  3. Hindu Marriage Act — Section 24 (Interim maintenance)
  4. Hindu Marriage Act — Section 25 (Permanent alimony)
  5. Protection of Women from Domestic Violence Act — Section 20
  6. Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Understanding the issue

Indian law provides maintenance rights to wives, children, and elderly parents. Under BNSS Section 144 (earlier CrPC 125), any person unable to maintain themselves can claim maintenance from a spouse or family member who has sufficient means. Hindu wives can also claim under Hindu Adoption and Maintenance Act. The Domestic Violence Act provides right to residence and monetary relief. Elderly parents can claim under the Maintenance of Parents Act.

When to see a lawyer

Consult a lawyer to determine the appropriate maintenance amount, the right forum to file, and to handle contested cases where the spouse disputes income or ability to pay.