Which law should I use to claim maintenance — Section 144 BNSS or the Hindu Marriage Act?

It depends on your situation. Section 144 BNSS is a general, relatively quick remedy available to wife, children, and parents regardless of religion, before a Magistrate. Sections 24/25 of the Hindu Marriage Act apply specifically within divorce or matrimonial proceedings, for Hindus. Many claimants pursue whichever forum is available and relevant to their situation, and in some circumstances more than one, though courts account for amounts already awarded under another provision to avoid double recovery.

Can a husband claim maintenance from his wife?

In limited circumstances, yes — the law allows a husband unable to maintain himself to claim maintenance from a wife with sufficient means, under certain provisions. This is less common in practice but is not legally barred outright; it depends on the specific provision invoked and the facts.

Is there a difference between interim and final maintenance?

Yes. Interim maintenance is awarded while the main case is still pending, to meet immediate needs, and is typically decided relatively early based on preliminary material. Final maintenance is decided once the full case concludes, after evidence has been led by both sides, and can differ from the interim amount once the complete facts are before the court.

What is the Rajnesh v. Neha income-affidavit requirement?

In Rajnesh v. Neha, the Supreme Court directed that both parties in maintenance proceedings file affidavits disclosing their income, assets, and liabilities in a standardised format. This is meant to bring transparency and consistency to how interim maintenance is assessed, rather than leaving the court to decide based on incomplete or disputed claims about income.

Can maintenance be claimed even without filing for divorce?

Yes. Section 144 BNSS is a standalone remedy and does not require divorce proceedings to be filed or pending — it is available to a wife, children, or parents who are unable to maintain themselves, independent of whether the marriage is being dissolved.

What if the paying party stops paying maintenance after a court order?

The recipient can apply to the same court for enforcement of the unpaid amount, which can include recovery mechanisms treating the arrears similarly to a fine, or other enforcement steps available under the specific provision the order was passed under. Persistent default is treated seriously by courts.

Can an elderly parent claim maintenance from a child who refuses to support them?

Yes. Parents unable to maintain themselves can claim maintenance from a child with sufficient means, under the relevant maintenance provisions. This is a distinct category of claim from spousal maintenance, though it follows a broadly similar process of establishing need and the paying party's capacity.

Maintenance Under Section 144 BNSS: Who Can Claim & How

Maintenance law in India is not a single statute — it is a set of overlapping remedies that a claimant can choose between (or sometimes combine), depending on who is claiming, what relief is needed, and how quickly it is needed. This guide maps out that overlapping framework so you know which door to knock on first.

Who Needs This Guide

This guide is for a spouse, child, or parent considering a maintenance claim, and equally for a person responding to one, who wants to understand the different legal routes available in India and how they relate to each other, before deciding which forum to approach.

The Overlapping Forums — A Comparison

| | Section 144 BNSS (earlier S.125 CrPC) | HMA Sections 24 & 25 | DV Act Section 20 | |---|---|---|---| | Who can claim | Wife, children, parents (any religion) | Spouse, within Hindu Marriage Act proceedings | Woman in a domestic relationship | | Forum | Magistrate | Family Court, within matrimonial case | Magistrate, within a DV application | | When available | Independent of any other proceeding | Only during/after divorce or matrimonial proceedings | Only alongside a domestic violence application | | Nature of relief | General maintenance | Interim (S.24) during case; permanent alimony (S.25) after | Monetary relief — loss of earnings, medical expenses, maintenance | | Speed | Relatively quick, standalone remedy | Tied to the pace of the main matrimonial case | Can be sought urgently, alongside protection orders |

These forums are not mutually exclusive, and which one is used — or whether more than one is pursued — depends on the specific facts and what other relief is being sought at the same time. Courts generally account for amounts already received under one provision when deciding claims under another, to avoid duplicate recovery.

Section 144 BNSS — The General Remedy

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, which replaced Section 125 of the CrPC, allows a Magistrate to order maintenance for a wife unable to maintain herself, children (including those born outside marriage) unable to maintain themselves, and parents unable to maintain themselves where the person from whom maintenance is claimed has sufficient means. It is a relatively quick, religion-neutral remedy that does not depend on any other proceeding being filed.

Maintenance Within Divorce Proceedings — HMA Sections 24 and 25

For Hindus, maintenance can also be claimed as part of divorce or matrimonial proceedings under the Hindu Marriage Act, 1955:

Section 24 — Interim maintenance, decided while the divorce case is pending, to meet immediate expenses and litigation costs.
Section 25 — Permanent alimony, decided once the case concludes, considering the income, needs, and conduct of both parties over the longer term.

See our divorce procedure at Family Court Lucknow guide for how these fit into the overall divorce timeline.

Monetary Relief Under the Domestic Violence Act — Section 20

Where a domestic violence application is filed under the Protection of Women from Domestic Violence Act, 2005, Section 20 allows the Magistrate to also order monetary relief — covering loss of earnings, medical expenses, and maintenance — as part of the broader protection sought. This route is available alongside, not instead of, protection and residence orders under the same Act.

Who Can Claim Maintenance

A wife, including during the pendency of matrimonial proceedings, and in limited circumstances a husband unable to maintain himself
Children, whether from the marriage or otherwise, who are unable to maintain themselves
Parents, who are unable to maintain themselves and have a child with sufficient means

Procedure at Lucknow Family Court and the Magistrate's Court

A maintenance claim under Section 144 BNSS is filed before the Magistrate having jurisdiction, typically where the claimant resides. Within divorce proceedings, an application under Section 24 or 25 HMA is filed before the Family Court hearing the main case. In both settings, the court generally directs both parties to file income affidavits disclosing their earnings, assets, and liabilities, before deciding the amount.

The Rajnesh v. Neha Income-Affidavit Regime

The Supreme Court, in Rajnesh v. Neha, directed that both the claimant and the person from whom maintenance is sought file affidavits in a standardised format disclosing their income, assets, and liabilities. This was intended to reduce disputes over undisclosed income and bring more consistency to how interim maintenance is assessed across different courts, rather than leaving the amount to be inferred from incomplete or contested claims.

Interim vs Final Maintenance

Interim maintenance is decided relatively early, based on the material available at that stage, to ensure the claimant is not left without support while the main case proceeds. Final maintenance (or permanent alimony, in a divorce case) is decided once the full evidence has been led by both sides, and can be higher or lower than the interim amount once the complete financial picture is before the court.

Enforcement of Unpaid Maintenance

Where a court-ordered maintenance amount goes unpaid, the recipient can apply to the same court for enforcement. Depending on the forum and the provision under which the order was passed, this can include recovery of arrears in a manner similar to a fine, or other enforcement mechanisms specific to that provision. Persistent non-payment is treated seriously, given the purpose maintenance is meant to serve.

Modification of an Existing Order

A maintenance order is not fixed forever. Either party can apply for modification if circumstances change materially — for example, a significant change in either party's income or health, remarriage, or a change in the needs of dependents. The court examines the changed facts afresh before altering an existing order.

When to Involve an Advocate

Involve an advocate as soon as a maintenance need arises — whether you are the claimant trying to decide which forum fits your situation, or the paying party responding to a claim and needing to present your income and capacity accurately. Coordinating a maintenance claim with a related divorce, custody, or domestic violence matter is often necessary, since these commonly proceed together. See our maintenance lawyer in Lucknow, divorce lawyer in Lucknow, and domestic violence pages for the connected services. Advocate Sourabh Rawat represents both claimants and paying parties in maintenance matters before Family Court Lucknow and the Magistrate's court.