Securing Your Future: A Practical Guide to Maintenance After Divorce in India

Divorce shakes up more than emotions — it can change your daily life and money. The law in India steps in to help the weaker partner after a marriage ends. This guide explains, in simple words, how Maintenance After Divorce works, what laws matter, recent changes, and practical steps you can take. I write this from years of watching people go through this process, and I want you to feel confident about your next move.

What is Maintenance After Divorce?

Maintenance After Divorce means money the court orders one spouse to pay the other so the dependent person does not become destitute. The goal is fairness, not punishment. The law tries to keep the dependent spouse’s life as stable as possible after marriage ends.

• Interim Maintenance (Pendente Lite) — temporary support during the court case. It helps with rent, food, medical bills and legal costs until the final order.
• Permanent Maintenance — a final monthly payment, a one-time lump sum, or both decided when the divorce is finalized.

Which Laws Matter?

India uses a mix of personal laws and a secular route that applies to everyone. Here are the key laws you need to know:

• Hindu Marriage Act, 1955 — Sections 24 and 25 cover interim and permanent maintenance for Hindus, Sikhs, Jains and Buddhists. The court looks at earnings, property, conduct and needs when deciding the amount.
• Special Marriage Act, 1954 — sections similar to the Hindu law, but for civil marriages that don’t follow a personal religion-based law.
• Muslim Women (Protection of Rights on Divorce) Act, 1986 — ensures divorced Muslim women get a reasonable provision. Courts have interpreted this to mean support beyond the iddat period when needed.
• BNSS Section 144 (formerly Section 125 CrPC) — a secular, fast route that applies to everyone. The Bharatiya Nagarik Suraksha Sanhita, 2023 re-enacted and updated the old Section 125 CrPC as Section 144, aiming for quicker, practical relief from magistrate courts.
• Protection of Women from Domestic Violence Act, 2005 — offers monetary relief including maintenance when domestic violence is involved.

Who Can Claim and Who Pays?

Typically, a spouse who cannot live on their own income can claim maintenance. Courts treat claims in a gender-neutral way — a husband can claim as well as a wife, depending on the law used. Children and, in some cases, parents can also claim support under BNSS Section 144 (earlier CrPC Section 125).

The financially stronger spouse usually pays. The court decides the actual amount based on:

• Income and assets of both partners
• Standard of living during marriage
• Age, health, and earning capacity of the claimant
• Needs like rent, medical care, and children’s education
• Conduct of parties, but this rarely cancels the right to support unless misconduct is serious

Important Court Decisions You Should Know

Court rulings shape how laws work on the ground. A few landmark cases stand out:

• Shah Bano (1985) — confirmed the wide role of the criminal court in ordering maintenance under Section 125 CrPC. It remains a key case for maintenance claims.
• Danial Latifi (2001) — the Supreme Court made sure Muslim divorced women get fair provision, interpreted to protect their future beyond just the iddat period.
• Rajnesh vs. Neha (2021) — the Supreme Court asked both parties to file affidavits of assets and liabilities and gave rules for calculating maintenance. This made the process more transparent and fair.

How Courts Decide the Amount

There’s no single formula. Judges weigh many factors, like:

• Actual and potential income of both spouses
• How long the marriage lasted
• What lifestyle the family had during marriage
• Number and needs of children
• Medical needs and age

After the Rajnesh vs. Neha judgment, courts now expect clear financial disclosure from both sides. This helps avoid hidden income and makes the decision fairer.

Step-by-Step: How to Secure Maintenance

Here’s a simple action plan you can follow. I write it like a checklist so you can use it right away.

• 1. Document your needs — list monthly expenses, rent, children’s school fees, medical costs. Keep bills, rent receipts and bank statements safe.
• 2. Collect proof of the other person’s income — salary slips, bank statements, property records, tax returns, business receipts. This matters a lot in court.
• 3. Choose where to file — For quick relief, file under BNSS Section 144 (the old CrPC Section 125) in the magistrate court. For long-term orders, include maintenance in divorce proceedings under the relevant personal law.
• 4. Ask for interim maintenance — request pendente lite support so you can manage while the main case runs.
• 5. File affidavits honestly — after Rajnesh, both sides must disclose assets and liabilities. Don’t hide anything; courts penalize dishonesty.
• 6. Consider mediation — family courts encourage it. A settlement can be faster, less stressful, and keep things civil.
• 7. Enforce orders — if the payer refuses, ask the court for garnishee orders, attachment of property, or contempt proceedings. Courts can even order imprisonment for wilful default in extreme cases.

Special Notes for NRIs

If you live abroad, you can still claim maintenance in India. Key tips:

• File in the court where the respondent lives, or where you last lived together, or where property is located.
• Give a Power of Attorney to a trusted lawyer at home. They can represent you and file papers.
• Ask the court to include indexation or periodic review clauses so payments keep up with inflation.
• Enforcement abroad needs extra legal steps; a lawyer can guide you on international enforcement options.

Common Questions — Quick Answers

• What is Maintenance After Divorce? — Money ordered by court to support a dependent spouse or children after divorce.
• Who can claim? — A spouse who can’t maintain themselves, minor children, and sometimes parents.
• How fast can I get interim relief? — Courts can grant it within weeks if you show urgent need.
• Can a husband claim maintenance? — Yes. The law treats claims in a gender-neutral way under many statutes.
• What if the payer doesn’t pay? — Court can garnish salary, freeze bank accounts, attach property, or start contempt proceedings.
• Is maintenance taxable? — Regular maintenance is taxable in the hands of the recipient; lump-sum payments are usually exempt. Check with a tax advisor.
• Does adultery affect maintenance? — Personal laws may consider conduct, but under the secular BNSS Section 144, adultery can affect entitlement if proven in certain ways.

Short Example

Imagine you live in London and your ex lives in Mumbai. He stops paying a court-ordered monthly amount. You give a PoA to a lawyer in Mumbai, who files a contempt petition and a garnishee application. The court issues a garnishee on his bank account and recovers the unpaid sums. This works if you keep clear court orders and bank statements ready.

What’s Changing and What to Expect

India is updating some criminal justice laws and this affects how maintenance is enforced. The shift from Section 125 CrPC to BNSS Section 144 modernises procedures and seeks faster enforcement. Courts now push for digital filings, stricter financial disclosure, and tougher action against deliberate defaulters. The overall trend looks pro-quick relief and more gender-neutral treatment.

Final Tips

• Act early. File for interim support to avoid getting into debt.
• Keep calm and document everything. Records win cases more often than heated arguments.
• Talk to a specialist family lawyer — they will pick the right law to use and help prepare the affidavits and evidence.

Need Help?

If you want tailored help — drafting applications, reviewing documents, or court representation — get a specialised matrimonial lawyer. LawCrust Legal Consulting offers services across India and can connect you with local experts quickly. Timely action, clear documents, and the right legal path increase your chance of a fair result.