Right to Maintenance
Women can claim maintenance from their husband or family members during and after marriage.
🗣️ What this means for you
If you are a married woman who is unable to maintain yourself, or if you are divorced, you have the right to claim maintenance (financial support) from your husband. This applies even while the marriage is continuing and you are living separately due to cruelty, desertion, or other valid reasons. The court decides the amount based on the husband's income and your needs.
Step-by-Step Action Plan
Calculate your monthly expenses and your husband's approximate income/assets.
File a maintenance petition under BNSS Section 144 in the Magistrate's Court of the area where you reside.
You can also claim maintenance under the Hindu Marriage Act (Section 24 — interim, Section 25 — permanent) if you are Hindu.
Seek interim maintenance — the court can order maintenance from the date of filing the petition.
If you cannot afford a lawyer, apply for free legal aid from the District Legal Services Authority.
The court typically decides maintenance cases within 60 days of notice to the respondent.
⚖️ The Relevant Law
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 / Hindu Marriage Act, 1955 / Special Marriage Act, 1954 (2023)
Section 144 of BNSS, 2023 (replaces Section 125 CrPC)
"If any person having sufficient means neglects or refuses to maintain his wife, who is unable to maintain herself, a Magistrate of the first class may order such person to make a monthly allowance for the maintenance of his wife at a rate the Magistrate considers fit."
⚠️ Punishment / Penalty
If the husband fails to pay maintenance as ordered by the court, he can face imprisonment up to 1 month or until payment is made. The court can also attach his property and salary for recovery.
Required Documents
- 📄Marriage certificate
- 📄Evidence of husband's income (salary slips, IT returns, business records)
- 📄Your own income details (if any)
- 📄Proof of expenses (rent, children's education, medical)
- 📄Children's birth certificates
- 📄Address proof