Maintenance & Alimony Rights in India: BNSS § 144 (old CrPC § 125) Guide (2026)

1Who can claim maintenance?

• A wife who is unable to maintain herself (including, in many cases, after divorce until remarriage).
• Children (minor, and in defined cases adult children unable to maintain themselves).
• Parents who are unable to maintain themselves, from their children.
• (A husband's right to claim is far more limited and depends on the personal law/statute invoked.)

2The legal basis: BNSS § 144 (old CrPC § 125)

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 replaced the CrPC from 1 July 2024. Section 144 BNSS is the maintenance provision corresponding to the old Section 125 CrPC. There are also maintenance rights under personal laws (e.g. Hindu Marriage Act, Hindu Adoptions and Maintenance Act) and the Protection of Women from Domestic Violence Act — a lawyer will advise which route suits your facts.

3How much, and how it's decided

There is no fixed formula — the court considers the respondent's income and means, the claimant's needs and standard of living, and other dependents. If the respondent hides income, courts can assess a notional income based on their capacity.

4How to file & enforce

• File an application before the Magistrate (for BNSS § 144) or the appropriate family court (for personal-law remedies).
• Provide proof of the relationship, the respondent's income, and your needs/expenses.
• If a maintenance order is not paid, the court can recover the amount and, for continued default, order imprisonment (up to one month for each month's default) until payment.