Family · 9 min read
Maintenance & alimony — Section 144 BNSS, HMA and DV Act compared
When to claim maintenance, where to file, how courts assess quantum, and how to enforce orders — across Section 144 BNSS, HMA Sections 24/25, HAMA, the Special Marriage Act and the DV Act.
Maintenance ensures that a spouse, child or parent unable to maintain themselves receives financial support from a person legally bound to provide it. Indian law offers parallel forums — quasi-criminal (Section 144 BNSS, formerly Section 125 CrPC), matrimonial statutes (HMA, SMA, IDA), personal-law statutes (HAMA), and the DV Act.
The Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324, laid down comprehensive guidelines on overlapping jurisdictions, mandatory affidavits of disclosure of assets and incomes, and enforcement.
Who this guide helps
Is this for you?
- Wife (including divorced wife not remarried) seeking maintenance
- Minor children — including illegitimate children
- Parents unable to maintain themselves
- Husband seeking maintenance under HMA Section 24/25 in suitable cases
Governing law
Legal basis
- Section 144 BNSS (formerly Section 125 CrPC)
- Section 24 (interim) and Section 25 (permanent) HMA
- Hindu Adoptions and Maintenance Act, 1956
- Sections 36 & 37 Special Marriage Act, 1954; Section 36–37 Indian Divorce Act, 1869
- Section 20 Protection of Women from Domestic Violence Act, 2005
- Rajnesh v. Neha, (2021) 2 SCC 324
Step by step
The procedure
- 01
Choose the forum
Section 144 BNSS — fastest, before the Magistrate, summary in nature. HMA / SMA — alongside divorce / judicial separation. HAMA — civil suit. DV Act — Magistrate's Court with broader civil reliefs. A claimant can pursue more than one but must disclose, and amounts adjust.
- 02
File affidavit of assets and income
Both parties must file the Rajnesh format affidavit — income, assets, liabilities, dependents, lifestyle. Non-disclosure can lead to adverse inference.
- 03
Interim maintenance
Courts grant interim maintenance from the date of application, not date of order. Disclose any existing maintenance received.
- 04
Quantum — what courts consider
Status of parties, reasonable needs, education / health needs of children, income and lifestyle of both parties, liabilities, age and employability of the claimant, special needs.
- 05
Final order and recurring revision
Maintenance can be revised on a change of circumstances — change in income, remarriage, increased needs.
- 06
Enforcement
Defaults can be enforced by warrant of attachment, recovery from salary or property, and (in Section 144 BNSS) imprisonment in default.
Checklist
Documents to keep ready
- Income proof — salary slips, ITRs, bank statements (3 years)
- Asset details — property, vehicles, investments
- Lifestyle proof — credit card statements, foreign travel, schooling
- Children's expense proof
- Marriage certificate / proof; identity & address proof
What to expect
Indicative timeline
- Interim maintenance: 2–6 months from filing in most courts
- Final order: 12–24 months depending on contest and complexity
Money matters
Cost components
- Court fee — nominal under Section 144 BNSS
- Counsel fee — agreed in writing
Indicative only. Actual outflow depends on the forum, valuation and scope of work.
Avoid these
Common pitfalls
- Concealment of income / assets — invites adverse inference and contempt
- Filing in multiple forums without disclosure — risk of dismissal
- Not seeking maintenance from the date of application
- Ignoring Rajnesh-format affidavits — orders may be set aside
From the chambers
Practical tips
- Pursue Section 144 BNSS for speed; HMA for permanent alimony alongside divorce
- Maintain a children's expense ledger — fees, transport, classes, medical
- Attach evidence of cohabitation lifestyle for status-based assessment
Questions we hear
Frequently asked
Can a working wife claim maintenance?
Yes — if her income is insufficient to maintain her at the standard of living she was used to during the marriage.
Are major children entitled to maintenance?
Sons up to majority; unmarried daughters and children with disabilities may be entitled even after majority under HMA / personal law.
This guide is general information, not legal advice. The applicable law and procedure may vary depending on the facts of your matter and amendments enacted from time to time.