Maintenance Lawyer in Delhi
Alimony & Spouse Support
Expert legal help for interim maintenance, alimony, Section 125 CrPC, Hindu law & PWDVA 2005. Serving Delhi, Noida, Gurugram & Faridabad.
What Is Maintenance Law? A Complete Guide
Maintenance laws in India were enacted to provide social justice and to protect women, children, and parents. Legally, maintenance means providing financial support for a person’s living expenses — covering food, clothing, and shelter.
The object of maintenance is not to punish a person for past neglect, but to prevent vagrancy by compelling those with means to support those who are unable to maintain themselves. Courts across Delhi — from Saket Family Court to Delhi High Court — deal with thousands of such petitions every year.
Maintenance Under Different Laws in India
A maintenance claim can be filed under three different legal frameworks depending on your religion, circumstances, and the relief you seek:
1. Hindu Law (HMA & HAMA)
Section 24 HMA (maintenance during proceedings) & Section 18 HAMA (wife’s right to separate residence & maintenance).
2. Section 125 CrPC, 1973
A secular provision applicable to all religions. Covers wives, minor children, and parents unable to maintain themselves.
3. PWDVA 2005
Section 20 of the Protection of Women from Domestic Violence Act grants monetary relief to women in any domestic relationship.
Maintenance Under Hindu Law
Hindu maintenance law is governed by two separate Acts:
a) Section 24 – Hindu Marriage Act, 1955 (Maintenance Pendente Lite)
Section 24 provides financial assistance to an indigent spouse during the pendency of proceedings (pendente lite). Its object is to ensure the spouse has sufficient funds to maintain themselves and to carry on the litigation — so they do not suffer in the case proceedings for want of funds.
Key Points: Section 24 HMA
- Applicable to both husband and wife (either can apply)
- Available in divorce, judicial separation, restitution of conjugal rights proceedings
- Court considers income, property, and lifestyle of both parties
- Granted quickly as interim relief while the main case continues
b) Section 18 – Hindu Adoption and Maintenance Act, 1956
Section 18 HAMA provides for the right of maintenance of a Hindu wife and children (whether legitimate or illegitimate). Critically, Clause 2 states that a Hindu wife is entitled to live separately from her husband without forfeiting her claim to maintenance in specified circumstances such as cruelty, bigamy, leprosy, a concubine in the house, desertion, or conversion.
Maintenance Under Section 125 CrPC, 1973
Section 125 of the Code of Criminal Procedure is the most widely used maintenance provision in India. It is a secular law applicable to all religions — Hindu, Muslim, Christian, Parsi, and others. Its main aim is to give statutory recognition to the moral, legal, and fundamental duty of a person to maintain their wife, children, and aged parents.
The judge while granting maintenance under Section 125 shall take into account any maintenance already granted under any personal law — the two operate distinctly and should not conflict.
Who Can Claim Maintenance Under Section 125 CrPC?
- Wife — including a divorced wife (until remarriage) who has not remarried
- Legitimate or illegitimate minor children under the age of 18 years
- Major children suffering from physical or mental abnormality/injury who cannot maintain themselves
- Father or mother unable to maintain themselves
Who Is NOT Eligible for Maintenance Under Section 125 CrPC?
- A wife who is living in adultery
- A wife who has wilfully deserted the husband without any sufficient reason
- Working persons with sufficient means to maintain themselves
- Major children (18+) without a physical/mental disability
Maintenance Under the Protection of Women from Domestic Violence Act, 2005
Under Section 20 of the PWDVA, 2005, a woman can claim monetary relief — including maintenance — against the respondent. The provision ensures that every woman in a domestic relationship (marriage, live-in, shared household) is not deprived of basic amenities like food, clothing, shelter, medical expenses, and loss of earnings.
Why PWDVA Is Often Preferred
- Covers live-in relationships, not just marriage
- Allows simultaneous applications for protection orders, residence orders & monetary relief
- Fast-track procedure before Magistrate court
- Covers women in shared household irrespective of ownership
How to File a Maintenance Case in Delhi — Step by Step
Consult a Maintenance Lawyer
Discuss the facts, applicable law, jurisdiction, and expected relief with an experienced matrimonial lawyer in Delhi.
Choose the Right Forum
File before the appropriate Family Court (Saket, Dwarka, Rohini, Karkardooma, Tis Hazari, Patiala House) based on where you or the respondent resides.
File the Petition & Interim Application
Draft and file the maintenance petition. Simultaneously file for interim maintenance to get urgent financial relief while the main case proceeds.
Court Hearings & Evidence
Present income documents, bank statements, and lifestyle evidence. The respondent must disclose their income. Cross-examination follows.
Order & Enforcement
Once the court passes the maintenance order, the amount is payable monthly. Non-payment can lead to attachment of salary, bank accounts, or imprisonment.
Frequently Asked Questions — Maintenance Law Delhi
Who can claim maintenance under Section 125 CrPC in India?
A wife, minor children (legitimate or illegitimate), and parents who are unable to maintain themselves can all claim maintenance under Section 125 CrPC, 1973. Courts across India — including Delhi Family Courts — routinely handle such petitions.
What is the difference between Section 24 HMA and Section 125 CrPC maintenance?
Section 24 HMA grants maintenance pendente lite (during pending litigation) under the Hindu Marriage Act — available only during divorce or other matrimonial proceedings. Section 125 CrPC is a standalone secular provision that can be invoked independently of any matrimonial proceeding, covering a wider range of claimants.
Can a wife claim maintenance under PWDVA 2005?
Yes. Section 20 of the PWDVA, 2005 enables a woman in a domestic relationship to claim monetary relief including maintenance. This is especially useful in live-in relationships where other personal law provisions may not apply.
How much maintenance can a wife get in Delhi?
The amount depends on the husband’s income, the wife’s needs, the standard of living during marriage, and the number of dependants. Delhi courts have awarded anywhere from ₹5,000 to several lakhs per month. There is no fixed formula — each case is evaluated on its merits.
Who is NOT eligible for maintenance under Section 125 CrPC?
A wife living in adultery, a wife who wilfully deserted the husband without sufficient reason, self-sufficient earning persons who can maintain themselves, and major children above 18 years (unless disabled) are not entitled to maintenance under this provision.
Can a husband claim maintenance from his wife?
Yes. Section 24 of the Hindu Marriage Act is gender-neutral — either spouse can apply for maintenance pendente lite if they lack independent income. The courts will assess the financial position of both parties before granting relief.
What happens if the husband doesn’t pay maintenance ordered by the court?
Non-compliance with a maintenance order is a serious matter. The court can attach the husband’s salary or bank account, issue a warrant for arrest, or sentence him to imprisonment until the maintenance is paid.
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The Matrimonial Lawyers handle all aspects of family and matrimonial law across Delhi NCR.
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