The provisions
Section 24 of the Hindu Marriage Act, 1955 allows either spouse who has no independent income sufficient for support and the expenses of the case to claim maintenance and litigation expenses while a matrimonial case is pending. Maintenance can also be claimed under Section 144 of the BNSS (formerly Section 125 CrPC), under the Protection of Women from Domestic Violence Act, 2005, and under the Hindu Adoptions and Maintenance Act, 1956.
Rajnesh v. Neha (2020)
In Rajnesh v. Neha (2020), the Supreme Court laid down binding guidelines for maintenance cases across all these laws:
- Both parties must file an affidavit disclosing their assets, liabilities, income and expenditure in the format the judgment prescribes
- Maintenance is payable from the date of the application, not the date of the order
- Where claims are made under more than one law, the amount awarded in the earlier case must be taken into account in the later one, to avoid double payment
- The court considers the status of the parties, reasonable needs, the income and liabilities of the paying spouse, and the needs of children
Working wives and earning capacity
A wife who is earning is not automatically disentitled; the question is whether her income is sufficient to maintain her at the standard of the matrimonial home. Conversely, a husband who is able-bodied cannot avoid maintenance by claiming no income; courts may assess income from his qualifications, lifestyle and earning capacity.
Enforcement
Interim maintenance orders can be enforced like money decrees, and non-payment can lead to attachment, a warrant for recovery and, in maintenance cases under the BNSS, imprisonment for the period the law allows. Persistent non-payment may also lead the court to strike off the defence of the defaulting spouse in the main case.
Documents for the disclosure affidavit
- Salary slips, Form 16 and income-tax returns
- Bank statements for the relevant period
- Details of property, investments and loans
- School fees and other regular expenses for children
Frequently asked questions
Can a husband claim maintenance from his wife?
Under Section 24 of the Hindu Marriage Act, yes, if he has no sufficient independent income. Section 144 BNSS, by contrast, is generally available to wives, children and parents.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
This article is general legal information, not legal advice. It does not create an advocate–client relationship. Legal provisions referred to should be verified for your specific situation and the date of the events concerned.