Personal, Family & Injury
Maintenance & Alimony
Claims for maintenance by a spouse, children or parents, and their enforcement.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
Maintenance can be claimed under several laws: Section 144 of the BNSS (earlier Section 125 of the CrPC) for a wife, children and parents unable to maintain themselves; Sections 24 and 25 of the Hindu Marriage Act for interim maintenance and permanent alimony; the Hindu Adoptions and Maintenance Act, 1956; and the Protection of Women from Domestic Violence Act, 2005. The court considers the income and assets of both parties, their reasonable needs, the standard of living and any dependants. Both parties are generally required to file affidavits of assets and liabilities, following the Supreme Court's guidance in Rajnesh v. Neha (2020).
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
Who can claim maintenance?
A wife (including a divorced wife who has not remarried), minor children, adult children unable to maintain themselves because of a disability, and parents unable to maintain themselves, depending on the law under which the claim is made.
How is the amount decided?
There is no fixed formula. The court looks at both parties' income and assets (from the affidavits filed), reasonable needs, the standard of living during the marriage, and other obligations.
Can the amount be changed later?
Yes. Either party can apply to alter the amount on a change in circumstances, such as a change in income.
What if maintenance is not paid?
An application for recovery can be made to the court that passed the order. Under Section 144 of the BNSS the court can issue a warrant to levy the amount and can order imprisonment for non-payment as the section provides.
Attorneys Handling This Service
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