Introduction to Maintenance

This is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouses who do not have sufficient means to maintain him/her self. Maintenance can also be classified into two parts:

Interim Maintenance

Such maintenance is provided during the pendency of the case in the court. The underlying idea behind giving such maintenance is that one party should not lose and stand on a weaker footing at the time of contesting the case. Quantum of such maintenance is dependent on a variety of factors but the most important aspect is the status of the parties prior to the filing of the case and the income/salary of the spouse against whom such maintenance is claimed. The court always tries to bring both the party at equal platform and footing.

Permanent Maintenance

It is awarded at the time when the whole case is finally decided. It could be periodical or monthly depends upon the facts and circumstances of the case.


There are various laws that govern the aspect of maintenance in India. Such laws are under:

  • Section 125 Cr.P.C Maintenance

  • Section 24 Hindu Marriage Act

  • Section 18 Hindu Adoption and Maintenance Act

  • Provisions under the Domestic Violence Act

Each case and situation calls for initiating a proceeding under any one of the above law. At times, claim for maintenance is filed under more than one law. Thus, the petitioner can file a claim for maintenance under more than one provision like under section 125 Cr.P.C as well as under section 24 of the Hindu Marriage Act. Practically speaking, the law is settled that the Petitioner would be entitled for higher maintenance if two courts have passed different amounts towards maintenance to the wife. But, the wife will not be entitled to have a maintenance of total sum from two courts. Thus, Court in 125 Crp.C proceedings grants 20,000 rupees while in proceedings under section 24 grants 15000 per month then wife will be entitled to have Rs.20,000 and not 35000 per month. The higher amount is to be paid and not cumulative.


A case for maintenance in the matrimonial matter can be filed by:-

  • wife for herself

  • Wife for children

  • Children


  • Under section 125 Cr.P.C

  • Under Hindu Marriage Act

  • Under the Domestic Violence Act

Under section 125 Cr.P.C

  • Place where the wife is residing

  • Place where Respondent is residing

Under Hindu Marriage Act

An application under section 24 HMA can be filed only where proceedings for Divorce/Judicial Separation/ Restitution of Conjugal rights are pending.

Under the Domestic Violence Act

  • Place where complainant herself resides either permanently or temporarily

  • Place of work of the complainant either business or employment

  • Place where Respondent resides or carries on business or works

  • Place where the cause of action had taken place

What are the factors considered by the Court while granting the maintenance?

There are several factors that are considered by the Court while granting maintenance. They are listed below. Notably. this list is only indicative and not exhaustive.

  • The income of the husband

  • The income of the wife, if any

  • Background and status of parties

  • Movable and immovable properties

  • Life style

  • Education

  • Investments

  • Expenditure on household

  • Expenditure towards education and School of the children

  • Age of dependent children

  • Model of Car being used

  • Mode of travel

Is there any formula on the basis of which maintenance is calculated?

There is no fixed formula to determine maintenance in India. It is difficult to lay. Recently, the Supreme Court said that it should be at least 25 % of the income of the husband. Also, often formula as laid Annurita case is applied that says that earning members will be entitled to one extra portion of himself after equal appropriation of the income amongst all family members. It would be safe to say that maintenance may vary can be from a lower range of 25 percent to about 35 percent of the income.

What documents are required to be filed by parties in a case for maintenance?

Both parties are required to give financial disclosure of their assets and liabilities. Hon’ble Supreme Court of India in Rajnesh versus Neha made it mandatory for both spouses to file their respective affidavit of income detailing all sources of income, expenditure, liabilities, etc. Both husband and wife are required to furnish the following documents amongst others:

  • Salary Slips (of six months)

  • Income tax return of three years


  • Bank accounts statement of three years(All bank accounts

We at Divorce Lawyers have been successfully prosecuting as well defending a claim for maintenance. We believe that the determination of maintenance decides the course of the litigation as well as its pace and longevity. Therefore, being top maintenance lawyers, we have polished nuances to deal with complex issues of determination of maintenance. The art of practical advocacy as top maintenance lawyers are being practiced and implemented every day in and out. This results in our huge success in matrimonial law.

Divorce Lawyers with over 20 years of

standing and thousands of rightly resolved matters.



If not the worst, divorce is definitely one of the worst phases of a person’s life. Especially when you come from a conservative, middle class family, divorce is seen as worse than death. In such trying circumstances what one really wishes for is a good lawyer at hand. DL have been my guide throughout this ordeal. They are trustworthy and very open to talk to. In such times when one is cornered and very vulnerable, a trustworthy, honest helping hand is godsend. While going through my divorce. Managing partner is a very ethical lawyer, he puts things plainly without mincing words. The court proceedings went very smoothly with his help. I was very much worried about the judicial technicalities and I must have mailed him umpteen number of times and thankfully almost always received a reply. In nutshell, they are good, trustworthy, ethically sound people. I am sure they are going to help a lot many people with their acumen and good nature.

By Arpana

“I was going through one of the most difficult phase of my life. Divorce Lawyers helped me in overcoming situation with counseling and provided effective solution.”

By Ankita

“They are personal to pain and professional to approach. I was impressed with their services. Strongly recommended.”

By Souparna

Simply fantastic!!! Couldn’t believe that i ll be advised to work to save marriage and making attempts to save marriage. I did that and trust me, my marriage is rocking!!! Wrong advise could have cost my partner……Keep up good work Guys!!!

By Rakhshit

“Before I interacted with Divorce Lawyers, I was of the opinion that lawyers would never stop a client from pointless litigation. I was wrong. My counsel was of the opinion that I go in for a court-settlement as early as possible ! I wish I needed his advice sooner and after close to around two years of pointless litigation, I eventually had to go in for a settlement after all.Divorce Lawyers had supported me and my family in every step of the divorce process and litigation. Divorce Lawyers has a personal touch in their interactions with their clients which makes the drudgery of appearing in courts and litigation bearable. I wish them the very best and would refer them wholehearteDivorce Lawyersy to others who need legal support…”

By Sudip Bhattacharya

How can we help you?

Get in touch with us

Copyright 2020 - 2023

Website Maintained By Makemaya & HireWebProSolutions


Enquire Now