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The law requires a person with sufficient means to maintain a wife, children and parents who cannot maintain themselves. Several laws provide this right.
Last reviewed: October 2026 · General information only, not legal advice.
| Law | Section | Who can claim |
|---|---|---|
| BNSS (old CrPC 125) | 144 | Wife (including a divorced wife who has not remarried), children, and parents — any religion |
| Hindu Marriage Act | 24 | Interim maintenance and litigation expenses for husband or wife during the case |
| Hindu Marriage Act | 25 | Permanent alimony at or after the decree |
| Hindu Adoptions & Maintenance Act | 18, 20 | Hindu wife; children and aged or infirm parents |
| Domestic Violence Act | 20 | Monetary relief for an aggrieved woman and her children |
| Senior Citizens Act, 2007 | 4 | Parents and senior citizens against children or relatives |
There is no fixed formula. Courts consider the income and assets of both parties, reasonable needs, the standard of living during the marriage, the needs of children, and liabilities. In Rajnesh v. Neha (2020), the Supreme Court made it mandatory for both parties to file an affidavit disclosing their assets and liabilities, and held that maintenance is to be awarded from the date of application.
An application for recovery can be filed. Under BNSS 144, the court can issue a warrant to levy the amount and can sentence the defaulter to imprisonment for each month's default. Attachment of salary or property is also possible.
Maintenance of wives, children and parents, earlier under Section 125 CrPC, is now under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
A wife who earns can still claim maintenance if her income is not sufficient to maintain herself at the standard she was accustomed to in the matrimonial home. The court compares the incomes and needs of both parties.
Yes. Parents who cannot maintain themselves can claim maintenance under Section 144 of the BNSS, and senior citizens can approach the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Following the Supreme Court's judgment in Rajnesh v. Neha (2020), maintenance is generally payable from the date of filing the application.
Every case turns on its own facts. Speak to Advocate Ajay Mishra for advice specific to your situation — in person at IP Extension (Delhi) or Vaishali (Ghaziabad), by phone, or by video call.