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Can I claim maintenance from husband?

Short answer

Yes. Wife can claim maintenance under BNSS Section 144, Hindu Marriage Act Section 24, or DV Act Section 20. Amount depends on husband's income and wife's needs.

Understanding the issue

Indian law provides multiple avenues for a wife to claim maintenance. Under BNSS Section 144, any wife unable to maintain herself can seek maintenance from her husband through the Magistrate's court — this is the quickest remedy. Under the Hindu Marriage Act Section 24, you can claim interim maintenance during divorce proceedings. The Domestic Violence Act Section 20 allows claiming monetary relief including maintenance. Courts consider factors like husband's income, wife's needs, children's requirements, standard of living, and reasonable expenses. Even a working wife can claim maintenance if her income is insufficient compared to the husband's standard of living.

Laws that apply

  • BNSS Section 144 — Order for maintenance of wives, children and parents
  • Hindu Marriage Act — Section 24 (Maintenance pendente lite)
  • Protection of Women from Domestic Violence Act — Section 20 (Monetary relief)