Your rights
My husband is not supporting me financially — what can I do?
Short answer
You can file for maintenance under BNSS Section 144, Hindu Adoptions and Maintenance Act, or DV Act Section 20. The court can order monthly maintenance based on his income.
Understanding the issue
A husband is legally obligated to maintain his wife under multiple laws. Your options: 1) File under BNSS Section 144 (maintenance of wives, children, and parents) — this is the fastest remedy, filed in Magistrate Court. The court can order interim maintenance within weeks. 2) File under Hindu Adoptions and Maintenance Act Section 18 (if Hindu) — a wife is entitled to live separately and claim maintenance if the husband has deserted her, treated her with cruelty, has another wife, or is suffering from a communicable disease. 3) File under Domestic Violence Act Section 20 — if there is any form of domestic violence (including economic abuse), you can get monetary relief. 4) File for maintenance as part of divorce proceedings under Section 25 of Hindu Marriage Act. The court considers husband's income, wife's income, standard of living, number of dependents, and other factors. Typically, courts award 20-30% of the husband's net income as maintenance. The wife can get maintenance even while living in the matrimonial home.
Laws that apply
- BNSS Section 144 — Maintenance of wives, children, and parents
- Hindu Adoptions and Maintenance Act — Section 18
- Protection of Women from Domestic Violence Act — Section 20 (Monetary relief)
- Hindu Marriage Act — Section 25 (Permanent alimony)