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Pravesh DabasAdvocate Delhi, India

02 · Family & Personal Matters

Maintenance & Alimony

Maintenance is financial support payable to a spouse, children or parents who cannot maintain themselves. Alimony usually refers to maintenance or a lump sum paid in connection with divorce.

Financial support payable to a spouse, child or parent.

What this covers

  1. 01Interim maintenance during proceedings
  2. 02Permanent alimony on divorce
  3. 03Maintenance for children
  4. 04Maintenance for parents
  5. 05Variation and enforcement of maintenance orders

How it generally works

Maintenance can be claimed under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 125 of the Code of Criminal Procedure), which applies regardless of religion, and under personal laws such as sections 24 and 25 of the Hindu Marriage Act, 1955 and the Hindu Adoptions and Maintenance Act, 1956.

Courts consider the income, assets and needs of both sides, the standard of living, and the parties' responsibilities. Parties are generally required to disclose their income and assets on affidavit.

Maintenance orders can be changed if circumstances change, and unpaid amounts can be enforced through the court.