Important information related to Understanding Maintenance Rights for Women in India: A Legal Guide (2025)
Maintenance (alimony) is not just financial support—it’s legal recognition of a woman's right to dignity and security after separation, divorce, or abandonment. This guide explains the legal options available to women seeking maintenance in India, how courts decide the amount, and what practical steps you can take.
Who Can Claim Maintenance?
Under Indian law, the following women can claim maintenance:
- Legally wedded wives (even if separated or divorced)
- Women in live-in relationships (under specific conditions)
- Mothers (from sons, under the Maintenance and Welfare of Parents and Senior Citizens Act)
- Children and unmarried daughters (through the father)
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Which Law Applies to You?
The law that governs your claim depends on your religion and marital status. Here are the main options:
- Section 125 CrPC: A secular, fast-track option for wives, children, and parents. You don’t need a divorce to use this.
- Hindu Adoptions and Maintenance Act, 1956: For Hindus, including Buddhists, Jains, and Sikhs.
- Protection of Women from Domestic Violence Act, 2005: Covers maintenance in abusive situations and live-in relationships.
- Personal laws: Such as Muslim Women (Protection of Rights on Divorce) Act, 1986; Parsi Marriage Act; Christian Divorce Act.
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How to Apply for Maintenance
You can file an application in your local family court or magistrate’s court. Here’s what you’ll generally need:
- Proof of marriage or live-in relationship
- Details of your husband’s income or assets (if known)
- Your own income or financial condition
- Expenses like children’s school fees, rent, medical bills
Tip: Courts are usually sympathetic to unemployed or underemployed women with dependent children.
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How Much Maintenance Will You Get?
There is no fixed formula. Courts consider factors like:
- Your husband’s monthly income and assets
- Your own income or qualifications
- Standard of living during marriage
- Children’s needs and education
- Medical issues or disabilities
Courts may grant interim (temporary) maintenance within a few months while the case is ongoing.
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What If He Refuses to Pay?
If your husband refuses to pay even after the order, you can:
- File for execution of the order
- Request wage garnishment or property attachment
- Request the court to issue a warrant or even imprisonment
Deliberate non-payment can be treated as contempt of court.
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What About Live-in Relationships?
Women in a live-in relationship may also claim maintenance under the Domestic Violence Act, if they can show a stable, long-term relationship akin to marriage.
For a deeper understanding, read: Can a Woman in a Live-in Relationship Ask for Maintenance?
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Legal Help & Support
If you’re unsure where to start, consult a qualified family lawyer or legal aid service. Many women also receive support from women’s commissions, NGOs, and online legal platforms.
Explore these helpful guides:
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This guide is part of PEACE Legal Information India’s Women’s Rights Cluster – helping every woman understand her legal power in 2025 and beyond.
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