Maintenance is financial support available under the applicable law to an eligible spouse, child or parent. Eligibility, amount and duration depend on the statute, financial circumstances and court orders. Under section 24 of the Hindu Marriage Act, an eligible husband or wife may seek interim support and litigation expenses.
Sections 144–147 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) govern maintenance of eligible wives, children and parents, procedure, alteration and enforcement. Section 531 preserves the CrPC procedure for proceedings covered by its savings provision. The date and procedural history must be checked before selecting the applicable framework.
This remedy is distinct from maintenance under marriage and personal laws and the Protection of Women from Domestic Violence Act. A claim under one enactment does not justify collecting duplicate maintenance for the same period.
BNSS section 144 sets out eligible categories and conditions for wives, children and parents. A divorced wife who has not remarried is included in its definition of wife. The conditions for a child’s claim differ according to age and circumstances. The applicant’s category, inability to maintain themselves where required, the respondent’s sufficient means, and neglect or refusal must be assessed under the provision.
Territorial jurisdiction depends on the remedy. BNSS section 145 includes the district where the respondent is, where he or his wife resides, where he last resided with his wife or the mother of the illegitimate child, and where his father or mother resides. The applicable category and facts must be checked. Where a Family Court has jurisdiction, its statutory powers and local allocation also matter.
The decision of a petition or application for monthly maintenance takes sufficient time. Therefore, there is provision for interim maintenance, meaning thereby that during the pendency of an application for maintenance, the Magistrate may order the person liable to pay a monthly allowance to the person so entitled.
Interim maintenance and expenses of proceedings may be sought where the applicable law permits. BNSS section 144 provides that the interim application should, as far as possible, be disposed of within 60 days after service of notice. This is a qualified statutory direction, not a guarantee of a final decision or payment within 60 days.
The amount of the maintenance shall be purely the discretion of the Court. In determining the amount of the maintenance the court shall have due regard to the following considerations, namely,
A material change in circumstances can support an application to vary maintenance under the applicable law, including BNSS section 146. Remarriage, an existing civil-court decision, a settlement or payment must be assessed against the precise statutory conditions and binding judgments. Maintenance should not be stopped unilaterally merely because the paying party considers circumstances to have changed.
The enforcement procedure depends on the source of the order. BNSS sections 144 and 147 provide mechanisms for enforcing qualifying maintenance orders; saved CrPC proceedings require their own assessment. Matrimonial decrees and domestic-violence maintenance orders have separate enforcement provisions. Keep a dated calculation of arrears, payment records and the order for review.
Seek enforcement through the procedure applicable to the order. Recovery, warrants, execution or other relief depend on statutory conditions, limitation and the court’s directions. Contempt or custody is not an automatic consequence of every missed payment. Obtain advice promptly about arrears and the correct application.
Disqualification differs across statutes. BNSS section 144 addresses circumstances including living in adultery, refusal to live with the husband without sufficient reason, and separation by mutual consent. These provisions require proof and legal assessment; an allegation alone does not establish disqualification. Do not apply this list indiscriminately to matrimonial, personal-law or domestic-violence remedies.
In Rajnesh v Neha (4 November 2020), the Supreme Court directed applicable disclosure affidavits in maintenance proceedings throughout India, including pending proceedings. Parties must disclose earlier maintenance proceedings and orders so the court can consider adjustment or set-off.
Prepare accurate income, asset, liability, expenditure, tax and bank information using the applicable affidavit and court directions. The court may require additional documents; a generic checklist does not replace those directions.
Reviewed 5 October 2026. General information; the applicable law, facts and current court directions require individual assessment.
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