Maintenance Laws in India – Wife, Children, Parents Rights & How to Claim 2025

Financial support is a legal obligation in India!

Maintenance = Legal right to financial support from family members. Whether you're a wife, child, elderly parent, or divorced – law protects you.

Let's understand who can claim maintenance, how much, and the complete legal process.

What is Maintenance?

Maintenance = Regular financial support for living expenses

Covers:

• Food

• Clothing

• Shelter

• Medical care

• Education (for children)

• Other reasonable living expenses

Paid by: Those legally obligated (husband, father, adult children)

Legal Provisions:

Main laws:

1. Section 125 CrPC (Criminal):

• Wife, children, parents can claim

• From husband/father/adult children

• Quick procedure

• Applicable to all religions

2. Personal Laws (Civil):

• Hindu Marriage Act (Section 24, 25)

• Muslim Personal Law

• Christian laws

• Special Marriage Act

3. Domestic Violence Act, 2005:

• Monetary relief for women

• In addition to other remedies

4. Hindu Adoption and Maintenance Act, 1956:

• Wife's maintenance

• Dependent relatives

5. Senior Citizens Act, 2007:

• Parents' maintenance from children

• Tribunal-based

Who Can Claim Maintenance?

1. Wife (from husband)

Conditions:

• Unable to maintain herself

• Not living separately without sufficient reason

• Not living in adultery

Types:

• During marriage (interim maintenance)

• During divorce proceedings (pending maintenance)

• After divorce (permanent alimony)

Even if divorced: Wife can claim maintenance

Note: Husband can also claim from working wife (if unable to maintain himself - rare but possible)

2. Children (from father)

Who:

• Legitimate/illegitimate minor children

• Major children if unable to maintain themselves (disabled, studying)

From whom:

• Father primarily

• Mother (if father unable)

Covers:

• Food, shelter, clothing

• Education

• Medical care

Even if parents separated: Both responsible

3. Parents (from adult children)

Conditions:

• Parents unable to maintain themselves

• From income/property

• Adult children have sufficient means

Under:

• Section 125 CrPC (criminal)

• Senior Citizens Act, 2007 (civil - faster)

Includes:

• Father

• Mother

• Stepmother/stepfather (if maintained you when minor)

All adult children jointly liable

4. Other Dependents (Limited):

Under Hindu law:

• Widowed daughter-in-law (from father-in-law's estate)

• Aged/infirm relatives (from estate)

Conditions apply, case-specific

How Much Maintenance?

No fixed formula! Court decides based on:

Factors considered:

1. Income/means of payer:

• Salary

• Business income

• Assets/property

• Potential earning capacity

2. Needs of claimant:

• Reasonable living standard

• Medical needs

• Education (for children)

• Age and health

3. Lifestyle during relationship:

• Standard of living maintained earlier

• Can't drastically reduce after separation

4. Number of dependents:

• How many people payer must support

5. Claimant's own income (if any):

• Reduced accordingly

6. Location:

• Metro vs small town (cost of living)

Typical amounts:

Wife's maintenance:

• 25-30% of husband's gross income (general thumb rule)

• Can be more or less based on circumstances

Examples:

• Husband earns ₹50,000/month → Wife may get ₹12,000-15,000

• Husband earns ₹2 lakh/month → Wife may get ₹50,000-60,000

Children's maintenance:

• 15-25% of father's income per child

• Higher for infants, special needs

Parents' maintenance:

• ₹5,000-₹20,000/month typically

• Depends on children's income and parents' needs

• Can be higher in metros

Section 125 CrPC - Most Common Route:

Advantages:

• Quick procedure (compared to civil)

• Simple process

• No lawyer mandatory

• All religions covered

• Criminal court (Magistrate)

Who can file:

• Wife

• Children

• Parents

Against whom:

• Husband (for wife and children)

• Father (for children)

• Adult children (for parents)

Conditions:

For wife:

• Neglects/refuses to maintain her

• She's unable to maintain herself

For children:

• Minor, OR

• Major but unable to maintain (disabled, studying)

For parents:

• Unable to maintain themselves

• Adult children have sufficient means

How to File Maintenance Case Under Section 125 CrPC:

Step 1: Approach Magistrate Court

Which court:

• Where wife resides (matrimonial home or parents' home)

• Where husband resides

• Where last lived together

Wife can choose convenient forum!

Step 2: File Application/Petition

Format:

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
AT [CITY]

Criminal Misc. Application No. _____ of 2025
(Under Section 125 of Code of Criminal Procedure, 1973)

[Your Name]
W/o [Husband's Name]
Age: [Age] years
R/o [Complete Address]
                                    ...Applicant/First Party

Versus

[Husband's Name]
S/o [Father-in-law's Name]
Age: [Age] years
R/o [Complete Address]
Occupation: [Job/Business]
                                    ...Respondent/Second Party

APPLICATION FOR MAINTENANCE UNDER SECTION 125 CrPC

Respectfully Showeth:

1. That the applicant is legally wedded wife of respondent, married on [Date] as per [Hindu/Muslim/Christian] rites at [Place].

2. That the applicant and respondent lived together as husband and wife at [Address] till [Date].

3. That out of the said wedlock, [one daughter/two sons - names and ages] were born.

4. That the respondent is employed as [Designation] at [Company/Department] and earns monthly income of approximately ₹[Amount]. [Or: runs business of [nature] with monthly income of ₹[Amount]].

5. That the respondent has neglected and refused to maintain the applicant despite having sufficient means.

6. That the applicant has no source of income and is unable to maintain herself.

7. That the applicant is living with her parents at [Address] and is in dire financial distress.

8. That the applicant requires ₹[Amount] per month for her reasonable living expenses including food, clothing, shelter, and medical care.

9. That despite repeated requests, the respondent has failed and neglected to provide maintenance to the applicant.

10. That the applicant is entitled to maintenance under Section 125 of Code of Criminal Procedure.

PRAYER:

In light of the above facts, the applicant humbly prays that this Hon'ble Court may be pleased to:

a) Direct the respondent to pay maintenance of ₹[Amount] per month to the applicant from the date of application till final orders.

b) Pass such other orders as this Hon'ble Court may deem fit in the interest of justice.

Place: [City]                              
Date: [Date]

                                        [Your Signature]
                                        [Your Name]
                                        Applicant

Verification:
I, [Name], the applicant above, do hereby solemnly verify that the contents of paragraphs 1 to 10 above are true to my knowledge and belief and nothing material has been concealed therefrom.

Verified at [City] on this [Date].

                                        [Your Signature]
                                        Applicant

Documents to attach:

✓ Marriage certificate (if available; not mandatory)✓ Marriage photos✓ Children's birth certificates✓ Husband's income proof (salary slip, ITR, bank statement - if available)✓ Your zero/low income proof✓ Medical bills (if health issues)✓ Rent receipts (if living separately on rent)✓ Any evidence of husband's neglect

Step 3: Court Issues Notice

• Court registers application

• Issues notice to husband

• Husband must appear and reply

Step 4: Husband's Reply

Husband files reply:

• May agree to pay

• May deny allegations

• May claim wife has income

• May claim reconciliation possible

Step 5: Evidence

Your evidence:

• Your testimony

• Documents

• Witnesses (parents, relatives, neighbors)

Husband's evidence:

• His testimony

• Documents

• May produce evidence of your income (if claiming)

Step 6: Arguments

Both sides present arguments on:

• Husband's income

• Wife's needs

• Maintenance amount

Step 7: Order

Court passes maintenance order:

• Monthly amount decided

• From which date (usually from application date)

• Mode of payment

Timeline: 60-90 days ideally (but can take 6-12 months in practice)

Interim Maintenance:

During pendency of case:

Court can grant interim maintenance (temporary, till final decision)

Usually:

• Granted quickly (within 2-3 hearings)

• Lower than final maintenance

• Adjusted in final order

Purpose: Provide immediate relief

Payment of Maintenance:

How:

• Monthly, by 7th/10th of each month

• Directly to wife's bank account, OR

• Through court

If husband doesn't pay:

• Arrest warrant can be issued!

• Section 125(3) CrPC: Punishment up to 1 month jail

• Each month's default = separate offense

Maintenance becomes recoverable as fine

Modification of Maintenance:

Can be increased/decreased if circumstances change:

Increase if:

• Husband's income increased

• Wife's needs increased (medical issues, inflation)

• Children's education costs

Decrease if:

• Husband's income decreased (job loss, retirement)

• Wife started earning

• Remarriage of wife (maintenance stops)

File application for modification

When Maintenance Stops:

Wife's maintenance stops if:

• Wife remarries

• Wife starts living in adultery

• Wife becomes financially independent

• Husband dies (but can claim from estate)

Children's maintenance stops when:

• Minor becomes major (unless disabled/studying)

• Daughter marries

• Child starts earning

Parents' maintenance:

• Rarely stops (lifelong obligation)

Maintenance During Divorce:

Two types:

1. Pending litigation maintenance:

• During divorce case (Section 24, Hindu Marriage Act)

• For wife and children

• Husband must pay during case

2. Permanent alimony:

• After divorce decree (Section 25, Hindu Marriage Act)

• One-time OR monthly

• Based on circumstances

Can claim both Section 125 CrPC and personal law!

Lump-Sum vs Monthly:

Monthly maintenance:

• Regular payment

• Adjusts with inflation

• Continues till death/remarriage

Lump-sum (one-time):

• Single payment

• Settles matter finally

• No future claims

• Calculated as: Monthly maintenance × [remaining life expectancy years]

Example:

• Wife age 35, maintenance ₹20,000/month

• Life expectancy: 45 years remaining

• Lump sum = ₹20,000 × 12 × 45 = ₹1.08 crore (approximately, court may adjust)

Husband may prefer lump-sum (finality)Wife may prefer monthly (security)

Senior Citizens' Maintenance:

Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007:

Who can claim:

• Parents (father, mother)

• Grandparents

• 60+ years

From whom:

• Children (biological or adoptive)

• Legal heirs

Forum: Maintenance Tribunal (one in each district)

Advantages over Section 125:

• Faster (decision within 90 days)

• Simpler procedure

• Special focus on senior citizens

Maximum: ₹10,000/month per parent (as per Act, but courts can award more)

Practical amounts: ₹5,000-₹20,000/month typically

NRI/Foreign Spouse Cases:

If husband is NRI/living abroad:

Challenges:

• Service of notice difficult

• Enforcement difficult

• May claim low income

Solutions:

• File case in India (where marriage solemnized or wife resides)

• Use Hague Convention procedures

• Attach property in India

• Passport impoundment (in extreme cases)

• International legal assistance

Mutual Consent Maintenance:

Without going to court:

Agreement between parties:

• Amount decided mutually

• Payment mode agreed

• Notarized agreement

Advantages:

• No court hassle

• Privacy

• Flexibility

Disadvantage:

• Not enforceable like court order

• If defaults, need to approach court

Better: Get it made into consent order in court

Tax Implications:

For wife:

• Maintenance received is NOT taxable (as per Income Tax Act)

• Alimony also not taxable

For husband:

• Maintenance paid is NOT deductible from income

• No tax benefit

Real Cases:

Case 1: Mumbai woman, husband earning ₹1 lakh/month. Filed Section 125 case. Court granted ₹25,000/month maintenance + ₹10,000/month for child. Total ₹35,000. Husband appealed, High Court upheld.

Case 2: Delhi elderly parents (aged 72 and 68), three working children. Filed under Senior Citizens Act. Tribunal ordered each child to pay ₹5,000/month. Total ₹15,000 received by parents.

Case 3: Bangalore IT professional wife earning ₹60,000/month filed for maintenance from husband earning ₹2 lakh. Court granted only ₹15,000 (less because she's also earning).

Case 4: Kolkata housewife, husband claimed she abandoned him without reason. She proved domestic violence. Court granted ₹18,000/month despite husband's allegation.

Common Defenses by Husbands (and How to Counter):

Defense 1: "Wife left without reason"

Counter: Prove reasons (cruelty, harassment, violence) with evidence

Defense 2: "Wife is earning/can earn"

Counter: Prove actual income (if working) or inability to work (age, health, qualifications)

Defense 3: "I don't have sufficient means"

Counter: Produce evidence of his income (salary slips, ITR, lifestyle, assets)

Defense 4: "She's living with parents, they're maintaining her"

Counter: Parents' obligation is moral, not legal. Husband legally bound.

Defense 5: "She refused to live with me"

Counter: Prove living together was impossible (violence, cruelty, unreasonable conditions)

Tips for Strong Maintenance Case:

✓ Document everything – Marriage, separation, communication✓ Prove husband's income – Crucial for amount✓ Show your needs – Itemized monthly expenses✓ Medical bills – If health issues✓ Children's expenses – School fees, etc.✓ Witnesses – Parents, neighbors, friends✓ Legal aid available – If can't afford lawyer✓ Don't delay – File as soon as financial crisis starts✓ Keep records – Every payment/non-payment

Conclusion:

Maintenance is not charity – it's a legal right! Whether you're wife, child, or parent – law ensures you're not left destitute.

Key takeaways:

• Section 125 CrPC covers all religions

• Wife entitled to 25-30% of husband's income typically

• Children's and parents' rights equally protected

• Court process relatively simple

• Don't suffer silently – claim your right!

Need financial support? File maintenance case and secure your future!