Maintenance and Alimony in Matrimonial Cases: Who Can Claim It and How Is It Decided?

What Is Maintenance?

Maintenance generally refers to financial support claimed by one spouse or for children where the legal requirements for such relief are satisfied. The applicable remedy depends on the personal law and the statute under which the claim is made.

Interim Maintenance During Divorce Proceedings

Section 24 of the Hindu Marriage Act allows either the wife or the husband, where the statutory requirements are satisfied, to seek maintenance pendente lite and expenses of proceedings. The provision therefore recognises claims by either spouse rather than restricting the remedy to one gender. The court considers matters such as the applicant's income and the respondent's income while determining an appropriate amount.

Permanent Alimony

Section 25 of the Hindu Marriage Act concerns permanent alimony and maintenance. A court exercising jurisdiction under the Act may consider such relief at the time of passing the decree or subsequently, subject to the statutory requirements. Permanent alimony is not an automatic consequence of divorce. The facts and financial circumstances of the parties remain relevant.

Can a Husband Claim Maintenance From His Wife?

Under Section 24 of the Hindu Marriage Act, either spouse may apply where the statutory requirements are satisfied. However, maintenance provisions under different statutes are not identical. For example, the summary maintenance provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 operates within its own statutory framework. The BNSS replaced the Code of Criminal Procedure from 1 July 2024. Accordingly, the exact provision under which a claim is made matters.

Maintenance for Children

Financial support for children is a separate and important aspect of matrimonial disputes. Courts may consider education, medical expenses, accommodation and other reasonable needs of the child while determining appropriate relief. Child maintenance can also arise independently of the parents' dispute regarding divorce.

What Factors Can Affect Maintenance?

Depending on the statutory provision and facts of the case, courts may consider matters such as: Income and earning capacity of the parties

• Reasonable needs of the applicant
• Standard of living during the marriage
• Existing liabilities
• Number and needs of dependent children
• Educational and medical expenses
• Assets and other financial resources
• Conduct where relevant under the applicable law
• The Supreme Court has continued to deal with maintenance and permanent-alimony issues on a case-specific basis

Can Maintenance Be Claimed Under More Than One Law?

A matrimonial dispute may involve proceedings under different statutes. However, the existence of multiple proceedings does not mean that a person is automatically entitled to duplicate recovery for the same period. Previous maintenance orders, payments and proceedings should therefore be disclosed and properly considered.

Documents That May Be Relevant

A maintenance claim may require documents relating to:

• Salary and employment
• Bank accounts
• Income-tax returns
• Business income
• Assets and liabilities
• Children's educational and medical expenses
• Existing maintenance orders
• Loans and other financial obligations

Conclusion

Maintenance is determined by the applicable statutory framework and the facts of the individual case. Neither the mere filing of a divorce petition nor the fact of separation automatically determines the amount payable. A proper assessment of income, needs, existing liabilities and pending proceedings is important before filing or contesting a maintenance claim.