How to Claim Maintenance from Your Husband in India?

A wife can ask for financial support from her husband even without getting a divorce. There are different laws that allow her to seek this support, such as Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the Protection of Women from Domestic Violence Act, 2005, and other personal laws depending on her religion or marriage.

Section 144 BNSS allows a wife to get financial support if the husband has the means but is not taking care of her, her children, or her parents.

This law does not require a divorce to be going on.

Under personal laws, like the Hindu Marriage Act, a wife can also ask for financial help during or after the process.

For example, Sections 24 and 25 of the Hindu Marriage Act serve this purpose.

There are two main types of maintenance: interim and permanent.

Interim maintenance is support given while the case is still being decided. Permanent maintenance is support decided after the case is over, depending on the situation.

To get maintenance, the process usually involves:

- Consulting a lawyer

- Preparing an application

- Giving financial documents

- Notifying the court

- Attending a hearing

- Getting a maintenance order

You might need to provide documents like proof of marriage, income details, bank statements, records of expenses, documents related to children, and other relevant papers.

The court does not use a fixed percentage to decide the amount of maintenance.

Instead, it looks at various factors such as:

- The income and financial situation of both partners

- The reasonable needs and expenses of the wife and children

- The standard of living during the marriage

- Any dependents or other responsibilities

- The ability to earn and actual income

- Any other important details.

A court case called Rajnesh v.

Neha explained that it is important to fully disclose all financial information, including assets, income, expenses, and liabilities, during maintenance cases.

If the husband refuses to pay the maintenance, the court can use its powers under the law to make him pay.

For example, the BNSS has specific rules to enforce maintenance, and the Domestic Violence Act also gives ways to get money from the husband.

You do not have to wait for a divorce to ask for maintenance.

However, the rules, amount, and which law applies to depend on your situation and the law that covers your case.

Find My Vakeel can help you find experienced family law lawyers across India for matters like maintenance, divorce, domestic violence, child custody, and more.

This article is for general information only and is not legal advice.

The availability and amount of maintenance depend on the facts of each case and the law that applies.