Who can claim maintenance and how?

By the India Law Simplified editorial team · Verified against the bare Acts & official portals · Updated 2026-08-18 · ~8 min read

⚡ Quick answer

Under Section 144 of the BNSS 2023 (which replaced Section 125 of the old CrPC), a wife (including a divorced wife who hasn't remarried), minor children, and parents who can't support themselves can claim monthly maintenance from a person who has sufficient means but neglects or refuses to maintain them. You apply to a Magistrate; the relief is meant to be quick and is in addition to the (often larger) remedies available under the personal laws.

Ask the free AI Advocate →

Maintenance is the legal right to financial support from a family member who has the means to provide it. It exists so that a spouse, child or elderly parent isn't left destitute. India has two layers of maintenance law — a quick, secular remedy under the BNSS, and separate provisions under the personal laws. This guide explains who can claim maintenance, how to apply, and what courts consider, in plain language.

1Who can claim maintenance

Under Section 144 BNSS, the following can claim maintenance from a person with sufficient means who neglects them:

A wife who is unable to maintain herself — including a divorced wife who has not remarried
Minor children (legitimate or illegitimate), and adult children unable to maintain themselves due to a physical or mental disability
Parents (father or mother) who are unable to support themselves

⚠️ ImportantThis is a secular remedy — it applies regardless of religion. It runs alongside, not instead of, the maintenance rights under personal laws like the Hindu Marriage Act and the Domestic Violence Act.

2How to apply

The process is designed to be relatively quick:

File an application before the Magistrate's court (usually where the claimant lives or where the respondent lives/last lived with them).
The court can order interim (temporary) maintenance during the case, and final monthly maintenance at the end.
Maintenance is paid monthly; if the person fails to pay, the court can enforce it, including by issuing a warrant.

3How much — what courts consider

There's no fixed formula; the court decides a fair amount based on:

The income and assets of the person who must pay
The reasonable needs and standard of living of the claimant
The claimant's own income, if any
The number of dependents and other liabilities

💡 ExampleA homemaker whose husband earns ₹1 lakh a month and who has no income of her own can claim maintenance under Section 144 BNSS; the Magistrate fixes a monthly amount considering his income and her needs. She can also pursue (often larger) maintenance under the Hindu Marriage Act or the Domestic Violence Act in parallel.

4The personal-law remedies

Beyond the BNSS, the personal laws provide their own, often more generous, maintenance:

Hindu Marriage Act — interim maintenance (Section 24) and permanent alimony (Section 25)
Hindu Adoptions and Maintenance Act (HAMA) — maintenance for a wife, children and aged parents
Protection of Women from Domestic Violence Act — monetary relief, including maintenance, often granted quickly
Muslim, Christian and Special Marriage Act provisions for their respective communities

5The provision changed on 1 July 2024

Maintenance under the criminal procedure route was section 125 of the Criminal Procedure Code. Since 1 July 2024 it is section 144 of the Bharatiya Nagarik Suraksha Sanhita.

A petition filed on or after that date runs under section 144 BNSS; a petition already pending continues under section 125 CrPC. The text was carried over almost unchanged, so the very large body of case law built under section 125 continues to apply directly.

The scope is the same: a wife unable to maintain herself, legitimate or illegitimate minor children, an adult child unable to maintain themselves by reason of physical or mental abnormality, and parents unable to maintain themselves. Siblings are not covered.

⚠️ ImportantThe remedy is available regardless of religion, which is why it matters — the personal-law remedies vary considerably, and this one does not.

6The Supreme Court framework in Rajnesh v Neha

Maintenance proceedings used to run for years on contested figures with no structure. In Rajnesh v Neha (2020) the Supreme Court laid down directions that now govern how these applications are run.

Both parties must file an affidavit of disclosure of assets and liabilities, in a prescribed format, at the outset. Non-disclosure or false disclosure has consequences, including adverse inference and, in a serious case, contempt.

The Court also directed that maintenance ordinarily be awarded from the date of the application rather than the date of the order, which removes the incentive to delay — and required that maintenance awarded in one proceeding be disclosed and adjusted in any other, to prevent overlapping awards across the criminal, matrimonial and domestic violence routes.

✅ TipPrepare the affidavit of disclosure properly and early. It is the document the quantum is decided on, and a weak one is difficult to improve later.

7When an order is not obeyed

An order that is ignored is enforced under the same provision rather than by a fresh suit, which is what makes this route practical.

On an application, the magistrate may issue a warrant for levying the amount due in the manner provided for fines, and may sentence the person to imprisonment for a term which may extend to one month for each month's arrears remaining unpaid, or until payment if sooner made.

The application to enforce must ordinarily be made within one year from the date the amount became due, which is why arrears should be pursued as they accrue rather than allowed to accumulate.

8Which route to choose, and why they overlap

Maintenance can be claimed under more than one law at once, and the choice affects speed, scope and the standard applied.

The section 144 BNSS route is available to everyone regardless of religion, is comparatively quick, and is heard by a magistrate. The personal-law remedies — under the Hindu Adoptions and Maintenance Act, or the corresponding provisions of other personal laws — allow a wider assessment of standard of living but run in the civil or family court. The Protection of Women from Domestic Violence Act allows monetary relief alongside protection and residence orders.

Rajnesh v Neha directed that maintenance awarded in one proceeding must be disclosed in any other, and adjusted, precisely because the overlap was producing conflicting and duplicated awards.

Key takeaways

Section 144 BNSS (old CrPC 125) lets a wife, minor children and dependent parents claim maintenance.
It's a secular, relatively quick remedy, available regardless of religion.
Apply to a Magistrate, who can order interim and final monthly maintenance.
The amount depends on the payer's means and the claimant's needs — there's no fixed formula.
Larger remedies are also available under the Hindu Marriage Act, HAMA and the Domestic Violence Act.

Frequently asked questions

Can a working wife claim maintenance?

She can, but the court considers her income and needs. Maintenance is meant to prevent destitution and maintain a reasonable standard of living, so a wife earning enough to maintain herself may get reduced or no maintenance.

Can parents claim maintenance from their children?

Yes — parents (including a mother or father) who are unable to support themselves can claim maintenance from a child who has sufficient means, under Section 144 BNSS and the Maintenance and Welfare of Parents and Senior Citizens Act.

What is interim maintenance?

It's temporary maintenance the court can order while the case is ongoing, so the claimant isn't left without support during the proceedings. The final maintenance is decided when the case concludes.

Can a husband claim maintenance from his wife?

Under the Hindu Marriage Act, maintenance/alimony provisions (Sections 24 and 25) are gender-neutral, so in principle a husband with no means can claim from a wife who has sufficient income. The BNSS Section 144 remedy, however, is for the wife, children and parents.

Which section governs maintenance now?

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, which replaced section 125 CrPC on 1 July 2024. A petition filed on or after that date runs under section 144; one already pending continues under section 125. The text carried over almost unchanged, so the existing case law still applies.

From what date is maintenance payable?

Ordinarily from the date of the application, not the date of the order — a direction given by the Supreme Court in Rajnesh v Neha to remove the incentive to prolong proceedings. Arrears from the application date are therefore payable when the order finally comes.

What is the affidavit of disclosure?

A prescribed statement of assets, liabilities and income that both parties must file at the outset, following Rajnesh v Neha. It is the document the quantum is decided on. Non-disclosure or a false statement invites an adverse inference and, in a serious case, contempt.

What if the order is simply not obeyed?

Enforcement is under the same provision. The magistrate may issue a warrant to levy the amount as a fine, and may order imprisonment of up to one month for each month's arrears unpaid. The application to enforce should ordinarily be made within one year of the amount falling due.

Should I claim under BNSS 144 or under personal law?

They can run together. The BNSS route is open regardless of religion, is comparatively quick and is heard by a magistrate; personal-law and domestic violence remedies allow a wider assessment but run in the civil or family court. Rajnesh v Neha requires an award in one proceeding to be disclosed and adjusted in the others.