MAINTENANCE

Understanding Maintenance & Alimony Laws in India

The right to maintenance in India arises under multiple statutes: Section 125 of the Code of Criminal Procedure 1973 (a secular remedy for wife, children, and parents), Section 24 & 25 of the Hindu Marriage Act 1955 (pendente lite and permanent alimony), and the Muslim Women (Protection of Rights on Divorce) Act 1986. Courts assess the claimant’s need and the respondent’s capacity to pay.
At Bhardwaj Law Solutions, we represent both claimants seeking maintenance and respondents contesting excessive claims. We ensure that interim maintenance is obtained swiftly and that final orders reflect a fair assessment of income, lifestyle, and the dependent’s genuine needs.
Key aspects include:
  • Interim Maintenance — pendente lite relief during proceedings
  • Permanent Alimony — lump-sum or monthly post-divorce payments
  • Maintenance for Children — till age 18 (or beyond for disability)
TYPES OF MAINTENANCE

Interim Maintenance vs Permanent Alimony

Interim Maintenance

Interim (pendente lite) maintenance is granted by the court during the pendency of divorce or matrimonial proceedings under Section 24 HMA or Section 125 CrPC. It ensures the economically weaker spouse can meet basic expenses and participate meaningfully in litigation.

Key Features:

  • Applied at any stage of pending matrimonial proceedings
  • Court considers both parties’ income and assets
  • Includes litigation expenses for the applicant
  • Can be revised if circumstances change
Applicable When: One spouse lacks sufficient income to maintain themselves or to meet legal costs during ongoing court proceedings.

Permanent Alimony

Under Section 25 HMA, the court may award a lump sum or periodic permanent alimony after the final decree. The quantum is determined by the claimant’s standard of living during marriage, respondent’s income, and duration of the marriage.

Key Features:

  • Awarded at the time of the final divorce decree
  • Can be one-time lump sum or monthly payments
  • Terminates on the recipient’s remarriage
  • Modifiable on material change of circumstances
Applicable When: The marriage has been dissolved and the financially dependent spouse requires long-term support to rebuild their life and maintain their previous standard of living.
WHY CHOOSE US

What Sets Us Apart

Our firm combines decades of legal experience with a modern, client-first approach. We don’t just handle cases — we build lasting relationships based on trust and results.
  • Personalized attention to every case
  • Transparent communication at every step
  • Proven track record of successful outcomes
  • Experienced team of dedicated legal professionals
  • Free initial consultation for all new clients
THE PROCESS

Step-by-Step Process

Claiming Maintenance

  • Step 1 — Consultation and assessment of entitlement
  • Step 2 — Filing application under S.24 HMA or S.125 CrPC
  • Step 3 — Disclosure of respondent’s income and assets
  • Step 4 — Hearing on quantum and court order for interim relief
  • Final Outcome — Final maintenance order / permanent alimony decree

Contesting a Maintenance Claim

  • Step 1 — Review of claim and disclosure of actual income
  • Step 2 — Filing reply and counter-affidavit
  • Step 3 — Cross-examination of claimant’s income statements
  • Step 4 — Submission of claimant’s independent income evidence
  • Final Outcome — Court determines fair and reasonable quantum
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DOCUMENTS

Required Documents

The strength of a maintenance case depends on documentary proof of income, expenses, and lifestyle. Our team helps you compile a complete and compelling financial picture.
  • Marriage certificate (for establishing entitlement)
  • Income tax returns and salary slips of both parties
  • Bank statements (last 12 months) of both parties
  • Property ownership documents and rent receipts
  • Medical records (if disability or illness is a factor)
  • Children’s birth certificates and school fee receipts
  • Evidence of standard of living during marriage
  • Any existing maintenance orders or agreements
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