If your spouse or ex-spouse is refusing to pay maintenance, Indian law provides strong and enforceable remedies regardless of religion, marital status, or whether divorce proceedings have begun. A formal legal notice is the first step in establishing your claim.
Maintenance is the legal obligation of a spouse to provide financial support to the other spouse and dependent children — before, during, or after separation or divorce.
For all citizens (irrespective of religion): Section 144 BNSS (formerly Section 125 CrPC) allows a wife, minor children, and parents to claim maintenance from a person of sufficient means.
For Hindus: The Hindu Adoptions and Maintenance Act, 1956 provides additional rights, including a wife's right to maintenance even during a subsisting marriage.
For Muslims: The Muslim Women (Protection of Rights on Divorce) Act, 1986 and Muslim Personal Law govern maintenance rights.
For Christians and Parsis: The Divorce Act, 1869 and Parsi Marriage and Divorce Act, 1936 govern maintenance claims.
Under Section 144 BNSS, the following can claim maintenance:
Wife — including a legally separated wife, and often an ex-wife who has not remarried.
Minor children — legitimate or illegitimate, until able to maintain themselves.
Adult daughters — if unmarried and unable to maintain themselves.
Parents — if unable to maintain themselves.
How much? Courts consider:
— The claimant's needs and standard of living during the marriage
— The respondent's income, assets, and earning capacity (courts look beyond declared income)
— Whether the claimant has independent income or assets
— The number of dependents
Interim maintenance can often be obtained within weeks of filing.
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaced the CrPC with effect from 1 July 2024. Section 125 CrPC is now Section 144 BNSS.
The core substance is unchanged — the same persons can claim maintenance from the same categories of obligors.
Key change under BNSS: Section 144 mandates that maintenance proceedings be concluded within 60 days from the first notice date — a significant tightening that makes it even more important to act promptly.
References to 'Section 125 CrPC' in older documents are now understood to refer to Section 144 BNSS for new matters.
Section 144 BNSS (formerly Section 125 CrPC) entitles a wife, children, and parents to maintenance from a person of sufficient means who neglects or refuses to maintain them. Hindu Adoptions and Maintenance Act, 1956 provides additional rights for Hindu women. All personal law statutes recognise the right to interim maintenance pending final order.
Common scenarios our users face, with specific guidance.
My husband lives abroad and claims his foreign income is very low — how do I establish the truth?
Courts examining maintenance consider earning capacity and lifestyle — not just declared foreign income. You can request that the court direct disclosure of his foreign bank statements, tax returns, and property holdings. The Indian embassy or consulate may assist in serving legal papers abroad. Indian courts have jurisdiction to pass maintenance orders against Indian nationals residing abroad under Section 144 BNSS.
My husband runs a business and shows zero income on paper — but owns multiple cars, travels frequently, and has a lavish lifestyle
This is one of the most common situations in maintenance cases. Courts routinely 'impute income' based on lifestyle evidence — vehicle ownership, foreign travel, restaurant bills, club memberships, property holdings, and social media posts. A lawyer can file an application requesting financial disclosure (IT returns, GST filings, bank statements). Document all lifestyle evidence before filing the notice.
My husband and I have informally separated — he sends occasional amounts but denies any maintenance obligation
Informal separation does not reduce your right to claim formal maintenance. Sporadic payments that are insufficient for your needs do not satisfy the maintenance obligation. Send the legal notice specifying the amount you require (calculated on your monthly needs and his estimated income) and the basis under Section 144 BNSS. This formalises the claim regardless of the current informal arrangement.
The divorce decree mentions maintenance but my ex-husband has stopped paying after a few months
Non-compliance with a court order is a serious matter. You can file an Execution Application before the Family Court that passed the order — the court can issue a warrant for arrest, attach property, or take other coercive measures to enforce compliance. You can also file a contempt application. Send the legal notice first as a formal demand and record of the default, then file the execution application.
I am the husband — my wife is earning more than me and I am caring for our child. Can I claim maintenance?
Yes — while less common, Section 144 BNSS does not restrict maintenance claims to wives. If you genuinely lack sufficient means and your wife has sufficient means to maintain you, a maintenance application is legally available. Courts apply a needs-based analysis regardless of gender. The fact that you are the primary carer of a child strengthens your position. Send the legal notice and file the application.
Everything you need to know before taking action.
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