Provisions under which maintenance is claimed
Maintenance may be claimed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita — the provision that replaced Section 125 of the Criminal Procedure Code and is still widely searched by that name — under the personal law applicable to the parties, and as monetary relief under the Protection of Women from Domestic Violence Act, 2005.
Which forum and provision is appropriate depends on the relationship between the parties, the relief required and the proceedings already pending. More than one remedy may be available on the same facts, and amounts already awarded are ordinarily adjusted against later orders.
Interim maintenance and litigation expenses
Interim maintenance and litigation expenses may be sought while the main proceeding is pending, including during a divorce petition. These applications are decided on affidavits of income and assets, so salary slips, tax returns, bank statements, loan records and evidence of property are central at this stage.
How the amount is assessed
The court considers the income, assets and liabilities of both parties, the standard of living during the marriage, the needs and education of the children, and the earning capacity of the claimant. Undisclosed income, unexplained expenditure and inflated liabilities are examined on the record placed before the court.
Responding to a maintenance claim
A respondent is entitled to place a full picture of income, dependants and liabilities before the court, to seek particulars of the claimant's own income and employment, and to point out amounts already paid or awarded in other proceedings. Statements made in one proceeding are read against the party in the others, so consistency across affidavits matters.
Enhancement, reduction, cancellation and execution
A maintenance order is not permanently fixed. It may be enhanced or reduced on a change in circumstances, and cancelled in the situations recognised by law. Where an order is not complied with, arrears may be recovered through execution proceedings, and appeals or revisions lie against the order within the prescribed period.
Documents required for a maintenance case
- Marriage certificate or proof of solemnisation.
- Identity and address proof of both parties and the children.
- Salary slips, appointment letter, tax returns and Form 16.
- Bank statements, loan statements and credit card records.
- Proof of rent, school fees, medical expenses and other outgoings.
- Documents of property, vehicles and other assets.
- Copies of orders in any connected proceeding.
Frequently Asked Questions
- Can maintenance be claimed while a divorce case is pending?
- Yes. Interim maintenance and litigation expenses may be sought during the pendency of the main proceeding, and are decided on the income and needs placed on record.
- What is the difference between maintenance and alimony?
- Maintenance ordinarily refers to periodic support during or after proceedings, while permanent alimony refers to the settlement of support at the conclusion of a matrimonial case, whether periodic or as a lump sum.
- Can a working spouse claim maintenance?
- Earning does not by itself bar a claim. The court compares income, needs, liabilities and the standard of living of both parties before deciding whether and how much to award.
- What can be done if a maintenance order is not paid?
- Arrears may be recovered through execution proceedings before the court that passed the order, which has powers of recovery on proof of default.