Maintenance Rights in India: Legal Protection for Wife, Children, and Parents

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 Maintenance Rights in India: Legal Protection for Wife, Children, and Parents

Maintenance (alimony) is the financial support provided to dependents who are unable to maintain themselves. Indian law provides clear legal remedies to ensure the wife, minor children, and aged parents are not left destitute.

1. What is Maintenance?

Maintenance refers to the financial support for basic needs like food, clothing, shelter, education, and medical care. It can be:

  • Interim maintenance (during court proceedings)

  • Final maintenance (as per final court order)

2. Who Can Claim Maintenance?

  • Wife (legally married, even if separated)

  • Divorced wife (not remarried)

  • Children (minor, disabled, or unmarried daughters)

  • Parents (aged or infirm, unable to maintain themselves)

3. Legal Provisions for Maintenance

Provision Beneficiaries Remarks
Section 125 CrPC Wife, children, parents Applicable to all religions
Hindu Adoption & Maintenance Act, 1956 Hindu wife, children, parents Civil remedy
Muslim Law Wife under Muslim Women Act, 1986 Based on Mehr and iddat, but can claim under Section 125 CrPC
Protection of Women from Domestic Violence Act, 2005 Wife/partner Monetary relief

4. Procedure to Claim Maintenance

  1. File a Petition under Section 125 CrPC or relevant personal law

  2. Submit proof of marriage, income disparity, and inability to maintain oneself

  3. Court issues notice to the opposite party

  4. Interim relief may be granted

  5. Final maintenance decided after hearing both parties

5. How Maintenance is Calculated

  • Husband’s total income

  • Standard of living of the wife before separation

  • Number of dependents

  • Other responsibilities and liabilities

There is no fixed percentage, but courts often grant 20–35% of the husband's income depending on facts.

6. Important Supreme Court Judgments

  • Rajnesh v. Neha (2020): SC laid down detailed guidelines on maintenance claims and required disclosure of assets by both parties.

  • Shabana Bano v. Imran Khan (2010): Muslim woman entitled to maintenance under Section 125 CrPC even after iddat period.

Conclusion

Maintenance is a legal right, not a charity. It protects vulnerable family members and ensures financial justice. If your rights are being denied, don’t hesitate to file a claim through the appropriate court.

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