In short: Under maintenance and alimony law in India, a wife, minor children, adult children with disabilities, and parents can all claim financial support from a person of sufficient means. Since 1 July 2024, the key criminal-law provision is BNSS Section 144, which replaced the old CrPC Section 125 and added faster timelines and digital enforcement tools.
Key points
- From 1 July 2024, BNSS Sections 144–148 replaced CrPC Sections 125–128. The core rights are preserved, but the new law sets a 60-day deadline for interim maintenance orders and enables digital enforcement such as salary deductions and electronic attachment of property.
- BNSS Section 144 is secular and applies regardless of religion. It is also gender-neutral: a dependent husband can claim maintenance, not only a wife.
- Claimants under BNSS Section 144 include: a wife (including a divorced woman who has not remarried), legitimate and illegitimate minor children, adult children who cannot support themselves due to physical or mental abnormality, and parents — including married daughters’ parents.
- A wife loses her right to maintenance if she is found to be living in adultery, refuses to live with her husband without sufficient reason, or if both spouses are living separately by mutual consent.
- Only a legally married wife qualifies as a “wife” under BNSS Section 144. A woman who is not lawfully married is not entitled to maintenance under this provision.
- Beyond BNSS, personal laws — including the Hindu Marriage Act, Hindu Adoptions and Maintenance Act, Muslim Women (Protection of Rights on Divorce) Act, Indian Divorce Act, and Special Marriage Act — run in parallel and provide additional or alternative remedies depending on your religion and circumstances.
What is maintenance and alimony in India?
Maintenance is regular financial support paid by a person of sufficient means to dependants who cannot support themselves. Alimony is a related concept, referring to financial support specifically between spouses during or after divorce proceedings.
In India, both terms are used interchangeably in everyday language. Legally, different statutes use different terms, but all pursue the same goal: preventing destitution among dependants who lack independent income.
There are two broad tracks — a general criminal-law track under the BNSS that applies to everyone regardless of religion, and personal-law tracks that apply according to your faith or the law under which you married.
The BNSS Section 144 track: maintenance alimony India’s universal remedy
What changed on 1 July 2024?
India’s Code of Criminal Procedure, 1973 (CrPC) was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) with effect from 1 July 2024. The maintenance provisions that were in CrPC Sections 125–128 are now substantially incorporated in BNSS Sections 144–148.
The rights themselves remain intact. What changed is procedure: the BNSS introduces a statutory 60-day deadline for disposing of applications for interim maintenance — something the CrPC never had. Enforcement has also been modernised, with courts now able to order direct salary deductions and attach property through electronic registers rather than paper-heavy processes.
Non-compliance still carries teeth: a person who disobeys a maintenance order can face imprisonment of up to one month, or until payment, whichever comes first.
| Feature | CrPC Section 125 (before 1 July 2024) | BNSS Section 144 (from 1 July 2024) |
|---|---|---|
| Applicable law | Code of Criminal Procedure, 1973 | Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Interim maintenance timeline | No statutory deadline | Must be disposed of within 60 days |
| Enforcement methods | Paper-based processes | Electronic property attachment; direct salary deductions |
| Financial disclosure | General affidavit practice | Codified affidavit requirement for full financial disclosure |
| Core claimants | Wife, children, parents | Wife, children, parents (unchanged) |
| Gender neutrality | Primarily wife-focused in practice | Explicitly gender-neutral; husband can claim if dependent |
Who exactly can claim under BNSS Section 144?
The law recognises four categories of claimants, each with specific conditions.
Wife: A wife who is unable to maintain herself can claim maintenance. The term “wife” includes a divorced woman who has not remarried. Crucially, only a legally married wife qualifies — a woman in a live-in relationship or an invalid marriage does not have a claim under this provision.
Minor children: Both legitimate and illegitimate minor children who cannot maintain themselves are covered. This includes married minor daughters. The child’s legal status at birth does not affect the right.
Adult children with disabilities: Legitimate or illegitimate major children who cannot maintain themselves because of a physical or mental abnormality or injury are also entitled to claim. Note that married daughters, once they are adults, are not included in this category.
Parents: Both father and mother can claim maintenance from their children. Even elderly parents with some income source are not automatically disqualified — courts consider whether they can fully maintain themselves. If a parent has multiple children, the parent can choose to claim from any one of them. Importantly, married daughters are among those liable to support their parents under this provision.
When can a wife’s maintenance be cancelled?
A Magistrate is required to cancel a maintenance order in favour of a wife if it is proved that she is living in adultery, that she refuses to live with her husband without sufficient reason, or that the couple is living separately by mutual consent.
The personal law track: which law applies to you?
Personal laws run alongside BNSS Section 144. Your religion and the statute under which you married determine which personal law applies. These laws often provide civil remedies — including alimony orders from family courts — that go beyond what BNSS Section 144 offers.
For a full comparison of personal-law remedies, including what Hindu, Muslim, Christian, and Special Marriage Act spouses can claim and from which court, see our Law for You guides on family law rights in India.
Hindus
Hindu spouses are covered by both the Hindu Marriage Act (HMA) and the Hindu Adoptions and Maintenance Act (HAMA). Under the HMA, either spouse can apply for maintenance during pending proceedings (sometimes called pendent-lite maintenance) as well as permanent alimony at the time the marriage is dissolved. The HAMA separately allows a wife to claim maintenance if she has been deserted or neglected.
Muslims
Muslim women have rights under the Muslim Women (Protection of Rights on Divorce) Act. Muslim husbands also have obligations of maintenance during the marriage under personal law. The interaction between personal law and BNSS Section 144 has been the subject of significant judicial interpretation over the years.
Christians
Christian spouses are governed by the Indian Divorce Act, which provides for alimony both during and after divorce proceedings through the relevant family or district court.
Marriages under the Special Marriage Act
Couples who marry under the Special Marriage Act — regardless of religion — can claim maintenance and alimony under that statute, which contains its own provisions broadly similar in structure to those in the HMA.
How is the amount decided?
No statute fixes a precise formula. Courts consider the income and means of the person liable to pay, the reasonable needs of the claimant, the standard of living during the marriage, and whether the claimant has any independent income or assets.
Under BNSS Section 144, the new requirement that both parties file affidavits giving full financial disclosure is intended to give Magistrates a clearer picture and reduce delays caused by disputed income figures.
Frequently asked questions
Can a husband claim maintenance from his wife under Indian law?
Yes. BNSS Section 144 is explicitly gender-neutral, meaning a husband who is unable to maintain himself can claim maintenance from his wife if she has sufficient means. This is a change in emphasis from earlier practice, which was primarily wife-focused.
Does a divorced woman lose her right to maintenance under BNSS Section 144?
No, not automatically. The definition of “wife” under BNSS Section 144 includes a divorced woman who has not remarried. She retains the right to claim maintenance as long as she has not remarried and is unable to maintain herself. However, personal law remedies and any divorce decree terms may also affect what she is entitled to receive.
What happens if someone ignores a court maintenance order?
Under the BNSS, a person who fails to comply with a maintenance order can be imprisoned for up to one month, or until the payment is made, whichever is earlier. Courts can also enforce the order through direct salary deductions and electronic attachment of the person’s property — tools that were not available under the older CrPC framework.
Primary sources
- India Code (indiacode.nic.in) — full text of the Bharatiya Nagarik Suraksha Sanhita 2023, Hindu Marriage Act, Hindu Adoptions and Maintenance Act, Muslim Women (Protection of Rights on Divorce) Act, Indian Divorce Act, and Special Marriage Act
- Supreme Court of India (sci.gov.in) — judgments on maintenance quantum, the scope of “wife,” and the interplay between personal law and BNSS Section 144
Written by Editorial Team, The Courtroom · Published 2026-07-02 · Last verified 2026-07-02
This article is for general information only and is not legal advice. Laws change; verify against the primary sources cited and consult a qualified advocate for your situation.
