A spouse, child or parent who is unable to maintain themselves may claim maintenance from a person who has sufficient means and neglects or refuses to maintain them. Several laws provide this remedy, and claims can be brought in more than one forum.
We file and defend maintenance claims, including applications for interim maintenance and for enforcement of orders.
What this covers
- Maintenance for wives, children and parents
- Interim maintenance during proceedings
- Permanent alimony
- Enforcement of maintenance orders
- Modification of orders when circumstances change
How the process generally works
- Disclosure
Courts generally require both parties to file affidavits disclosing their assets and liabilities.
- Interim order
The court may award interim maintenance early in the case.
- Final order and enforcement
If payments are not made, the order can be enforced through the court.
Relevant law
- BNSS section 144 (formerly section 125 CrPC)
- Hindu Marriage Act, 1955, sections 24 and 25
- Hindu Adoptions and Maintenance Act, 1956
- Protection of Women from Domestic Violence Act, 2005, section 20
- Rajnesh v. Neha (2020) on disclosure affidavits and overlapping claims
Common questions
Can maintenance be claimed under more than one law?
Yes, but courts take earlier awards into account so that the same person is not compensated twice for the same need.