Maintenance: what the law actually provides, and how it is calculated

Maintenance is among the most misunderstood areas of family law, largely because people expect a formula. There is none. What exists is a set of statutory routes and a body of factors that courts weigh.

The routes

A claim may lie under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (available regardless of religion), under the applicable personal law, or under the Protection of Women from Domestic Violence Act, 2005. These are not mutually exclusive, though amounts awarded under one are ordinarily adjusted against another.

What the court weighs

• the income and earning capacity of both parties, not merely declared income;
• the standard of living during the marriage;
• the reasonable needs of the claimant and of any children;
• liabilities and obligations of the paying spouse;
• whether the claimant is able to maintain herself or himself.

Interim maintenance

Because final adjudication takes time, interim maintenance should be applied for early. Courts routinely direct interim payment during the pendency of proceedings, and delay in applying is rarely recoverable.

Documentation

Claims succeed on documents. Salary slips, bank statements, income tax returns, property records, credit card statements and school fee receipts establish both need and capacity far more effectively than assertions about lifestyle.

General information only. Entitlement in any particular case depends on its facts.