TL;DR: Maintenance and alimony are separate legal rights in India, and you can claim them in Lucknow even if you are not seeking a divorce. Wives, children, and parents can all claim maintenance under BNSS Section 144 (which replaced CrPC Section 125). During divorce proceedings, either spouse can claim interim maintenance under Section 24 of the Hindu Marriage Act. After divorce, permanent alimony is decided under Section 25. The amount depends on income, lifestyle, assets, and the facts of your case. Courts in Lucknow can pass interim maintenance orders relatively quickly. This guide covers who can claim, under which law, how much courts typically consider, and how to enforce an order if it is not paid.
Maintenance is one of the most searched and least clearly understood areas of family law in India. People have heard that a wife can claim maintenance, but most do not know that husbands can claim it too, that parents can claim it from their children, that you can get it while still married, and that there are at least four different legal routes to claim it depending on your situation.
If you are in Lucknow and dealing with a separation, a matrimonial dispute, or a situation where financial support has been cut off, this guide explains exactly what you can claim, under which law, and what the process looks like.
Maintenance and Alimony Are Not the Same Thing
People use these two words interchangeably, but they mean different things legally.
Maintenance is ongoing financial support paid periodically, usually monthly, to a spouse, child, or parent who is unable to support themselves. It can be claimed during marriage, during ongoing legal proceedings, or after divorce.
Alimony technically refers to a lump sum or periodic payment ordered specifically on or after divorce as a final settlement of the dependent spouse’s financial claims. In Indian law, this is called permanent alimony under Section 25 of the Hindu Marriage Act.
In everyday conversation, both terms get used to mean the same thing. In court, the distinction matters because the two are claimed under different sections and decided at different stages of proceedings.
Who Can Claim Maintenance in Lucknow
Wives
A wife can claim maintenance from her husband in multiple situations. She does not have to be seeking a divorce to do so. She can claim maintenance while still married if the husband has deserted her or neglected to support her. She can claim interim maintenance while a divorce case is running. She can claim permanent alimony when the divorce is finalised.
A wife who has remarried cannot claim maintenance. A wife who is capable of supporting herself may receive a reduced amount or none at all depending on the circumstances, though courts consider the standard of living maintained during the marriage.
Children
Both minor children and, in some situations, adult children with physical or mental disabilities can claim maintenance from a parent. The father is primarily responsible, though a mother with income may also be required to contribute.
Parents
This is the part most people do not know. Under BNSS Section 144, a father or mother who is unable to support themselves can claim maintenance from their son or daughter who has sufficient means. This applies regardless of whether the parent is part of any matrimonial dispute.
Husbands
Under Section 24 of the Hindu Marriage Act, maintenance pendente lite (during proceedings) can be claimed by either spouse, not just the wife. A husband who is unable to support himself and is not earning can claim maintenance from a wife who has sufficient income. Courts exercise discretion carefully here, but the provision exists and has been used.
The Four Legal Routes to Claim Maintenance in Lucknow
Route 1: BNSS Section 144 (Replaced CrPC Section 125)
This is the most commonly used route and the fastest for interim relief. The Bharatiya Nagarik Suraksha Sanhita 2023 replaced the old Criminal Procedure Code. Section 144 of the BNSS is the successor to Section 125 CrPC and preserves the same rights with updated procedural timelines.
Under this provision, a magistrate can order a husband to pay monthly maintenance to his wife, minor children, and parents if he has sufficient means and has neglected or refused to maintain them.
This route has a few important features. It is heard before a magistrate or the family court, not a civil court, so it is procedurally faster than a civil maintenance suit. An interim maintenance order can be passed relatively quickly, often within a few months of filing, while the final determination is pending. The order is enforceable like a court decree. Non-payment can result in attachment of assets or imprisonment.
The amount is not capped under this section. Courts consider the husband’s income, the wife’s income if any, the standard of living, and the needs of the claimant.
Route 2: Section 24 of the Hindu Marriage Act, 1955 (Interim Maintenance During Proceedings)
If a divorce case is already running in the family court in Lucknow, either spouse can apply for maintenance pendente lite under Section 24. This is maintenance specifically for the duration of the divorce proceedings.
The court looks at both parties’ incomes, assets, and the expenses of the litigation itself. The court can also order the other spouse to pay the litigation expenses of the claimant if there is a financial disparity between them.
Section 24 orders are passed relatively quickly because they are interim in nature and courts do not wait for the full trial to be completed before deciding them. Your lawyer files a separate application for this within the main divorce proceedings.
Route 3: Section 25 of the Hindu Marriage Act, 1955 (Permanent Alimony)
When a divorce decree is passed, the court can order permanent alimony and maintenance under Section 25. This can be a lump sum payment or periodic payments or both.
Factors the court considers include the income and assets of both parties, the conduct of the parties during the marriage, how long the marriage lasted, the claimant’s own ability to earn, and any other circumstances the court considers relevant.
Permanent alimony can be modified later if there is a change in circumstances, such as the recipient spouse remarrying, or a significant change in either party’s financial position.
Route 4: Protection of Women from Domestic Violence Act, 2005 (Monetary Relief)
If you are in a domestic violence situation, the PWDVA provides a separate right to monetary relief that covers loss of earnings, medical expenses, and maintenance for you and your children. This runs alongside the BNSS Section 144 route and both can be claimed at the same time.
This route is handled by a magistrate and interim monetary relief can be ordered at the very first hearing in urgent cases. For more on this, the DV lawyer guide for Lucknow covers the full process.
How Much Maintenance Can You Get in Lucknow
There is no fixed formula under Indian law for maintenance amounts. Courts have discretion and decide based on the facts of each case. However, courts look at a consistent set of factors:
The husband’s income and assets. Salary slips, income tax returns, bank statements, business income, property ownership, and investments are all relevant. Courts are increasingly experienced at identifying concealed income through lifestyle indicators such as housing, vehicles, school fees paid for children, and spending patterns.
The wife’s income and assets. If the wife is earning, that income is considered. If she is capable of earning but is not, courts sometimes consider what she is capable of earning rather than what she is currently earning, though this is applied with discretion.
The standard of living during the marriage. Maintenance is not meant to be charity. It is meant to allow the claimant to maintain a standard of living reasonably close to what existed during the marriage.
The needs of children. School fees, medical expenses, extracurricular activities, and general living costs for children are factored in separately.
The length of the marriage. Courts give weight to how long the parties were together when deciding permanent alimony.
As a general indicator, family courts in cities like Lucknow have awarded interim maintenance ranging from 15 to 25 percent of the husband’s net income in many cases, though this is not a rule and varies significantly based on facts. Some courts have awarded more where the wife has no income and the children’s needs are substantial.
Maintenance Under Muslim Personal Law
For Muslim women, maintenance rights exist under both personal law and statute.
During marriage, a husband is obligated to provide nafaqa, which covers food, clothing, and shelter for his wife according to his means.
After divorce, the husband’s obligation under traditional personal law is limited to the iddat period (roughly three months). The Muslim Women (Protection of Rights on Divorce) Act, 1986 provides for a reasonable and fair provision and maintenance for divorced Muslim women. Courts have interpreted this broadly.
The Supreme Court in Danial Latifi v. Union of India (2001) held that the husband must make a fair provision for the wife’s future beyond the iddat period. More recently, the Supreme Court in Mohd. Abdul Samad v. State of Telangana (2024) held that a Muslim woman can claim maintenance under Section 125 CrPC (now BNSS Section 144) in addition to rights under the 1986 Act, overruling the position that the 1986 Act is the only remedy. This is a significant development that directly affects maintenance claims by Muslim women in Lucknow and across UP.
Maintenance for Parents Under BNSS Section 144
Parents who are unable to support themselves can file a maintenance application against their children before the family court or magistrate in Lucknow. Both sons and daughters can be made respondents.
This is a standalone application, meaning it does not require any matrimonial dispute to be running. An elderly parent living alone, whether widowed or simply neglected by children who have moved away or who refuse to contribute, can directly approach the court.
Courts take these applications seriously and interim orders can be passed relatively quickly. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also provides a separate, faster tribunal-based route specifically for senior citizens, which runs in parallel.
How Maintenance Is Enforced in Lucknow
Getting a maintenance order is one thing. Enforcing it when the other side refuses to pay is another. Indian law provides several enforcement mechanisms.
If the person ordered to pay maintenance defaults, you file an execution application before the same court that passed the order. The court can then attach the defaulting person’s salary, bank accounts, or movable and immovable property to recover the arrears.
Under BNSS Section 144, persistent default can result in imprisonment of up to one month for each month of default. This is a serious consequence and courts use it in cases of deliberate non-payment.
Maintenance orders can also be registered and enforced across states, so if your husband moves to another city, the order can still be enforced there.
What Can Reduce or Stop Your Maintenance
Courts can modify or cancel a maintenance order in certain situations.
If the wife remarries, her right to maintenance from her former husband ends. If the wife is found to be living with another man in a relationship without marriage, courts have in many cases reduced or cancelled maintenance. If the financial circumstances of either party change significantly, an application for modification can be filed.
If the person paying maintenance can show that the claimant has independent means or has obtained employment and is now capable of supporting themselves, the court may reduce the amount.
Practical Steps to Take Right Now
If you are in a situation where maintenance has been denied or cut off:
Document your financial position clearly. Gather your bank statements, bills, rent receipts, children’s school fee receipts, and any evidence of the other side’s income such as their vehicle, property, or visible lifestyle.
If you have left or been driven from the matrimonial home, record the date and circumstances. This is relevant for both the maintenance claim and any residence-related relief.
Do not delay filing. Interim maintenance is only paid from the date of the application in most cases, not from the date the actual deprivation started. Every month you wait is a month of unpaid support you cannot recover.
Speak to a family lawyer in Lucknow who can assess which of the four routes is most suitable for your specific situation and file the correct application in the correct court.
Frequently Asked Questions
Can I claim maintenance without filing for divorce? Yes. BNSS Section 144 allows a wife to claim maintenance while still married if the husband has neglected or refused to support her. You do not need to file or even intend to file for divorce to access this right.
Can maintenance be claimed for the period before I filed the application? Generally, maintenance under Section 144 BNSS is granted from the date of the application, not retrospectively. This is why filing early matters.
What if my husband says he has no income? Courts do not rely only on declared income. They look at lifestyle, assets, property, vehicles, children’s school fees, and spending patterns to assess actual means. If your husband is concealing income, your lawyer can apply for disclosure of financial documents.
Can a working wife claim maintenance? Yes, but the amount may be lower. Courts consider the income of both parties. A wife who earns but earns significantly less than her husband can still claim maintenance to bridge the gap in standard of living.
How quickly can an interim maintenance order be passed in Lucknow? In straightforward cases where income is established and the need is clear, interim orders under Section 24 HMA or Section 144 BNSS can be passed within a few months of filing. Urgency and good preparation at the time of filing help.
What happens to maintenance after a divorce decree is passed? Interim maintenance under Section 24 ends when the divorce decree is passed. At that point, permanent alimony under Section 25 can be sought, either as a lump sum or ongoing payments. If you do not apply for permanent alimony at the time of the decree, you may apply later but it becomes more complicated.
Can I claim maintenance if I was in a live-in relationship? Maintenance under BNSS Section 144 applies to legally married wives. However, under the PWDVA 2005, women in relationships in the nature of marriage can claim monetary relief. The Supreme Court has recognised live-in relationships in this context.
Speak to a Lawyer About Your Situation
Maintenance claims are highly fact-specific. The same set of circumstances can lead to very different outcomes depending on which route is used, how the application is drafted, and what evidence is presented at the interim stage.
At Royal Litigators in Lucknow, we handle maintenance applications under all applicable laws and appear before the family court and magistrate courts in Lucknow. We tell you what is realistic for your specific situation. We do not promise outcomes.
Contact us to speak with a family lawyer in Lucknow.
Related Reading:
- Family Lawyer in Lucknow: Complete Legal Guide for Every Family Matter
- Divorce Lawyer in Lucknow: Step-by-Step Guide to Filing a Divorce Case
- DV Lawyer in Lucknow: Legal Protection Under the Domestic Violence Act
- When You Need a Family Lawyer in Lucknow
- Step-by-Step Process to File a Domestic Violence Case in Lucknow
- Family Law in India: Understanding Your Rights and Legal Provisions
This article is for general information only. It does not constitute legal advice and does not create a lawyer-client relationship. Maintenance law is fact-specific and the law may have been updated after this article was published. Please consult a qualified advocate before taking any legal step.