Failure cases, family disputes and official sources
Maintenance, alimony and streedhan in India: what a wife can claim, under which law
Maintenance and alimony under BNSS s. 144, the Hindu Marriage Act and other laws, how courts fix amounts, and how to recover streedhan.
A wife in India can claim maintenance under several laws at once: section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced section 125 of the CrPC from 1 July 2024 and applies to all religions; sections 24 and 25 of the Hindu Marriage Act, 1955 (interim maintenance and litigation costs during the case, permanent alimony at the end); the Protection of Women from Domestic Violence Act, 2005; and the Special Marriage Act or other personal laws. There is no fixed formula: courts look at both spouses' income and assets, needs, the standard of living and the length of the marriage, and since Rajnesh v. Neha (2020) both sides must file a sworn affidavit of assets and liabilities. Streedhan, the gifts a woman receives before, at and after marriage, is her absolute property, and she can recover it at any time. This guide is general guidance; family cases turn on facts and on the court.
This guide is part of the mistakes and disputes section. If you cannot afford a lawyer, read free legal aid.
Which law for which claim
| Law | Who can claim | What | Notes |
|---|---|---|---|
| BNSS s. 144 (old CrPC s. 125) | Wife unable to maintain herself, children, parents; all religions | Monthly maintenance, interim maintenance | Summary procedure in the magistrate's or family court; a divorced wife who has not remarried counts as a wife |
| Hindu Marriage Act s. 24 | Either spouse with insufficient income | Interim maintenance and litigation expenses during the case | Decided early in the case |
| Hindu Marriage Act s. 25 | Either spouse | Permanent alimony, lump sum or periodic, at or after the decree | Can be varied if circumstances change |
| Hindu Adoptions and Maintenance Act s. 18 | Hindu wife, without divorce | Maintenance while living separately for justified reasons | Useful without seeking divorce |
| Domestic Violence Act ss. 19–20 | Aggrieved woman in a domestic relationship | Residence orders and monetary relief | Can be combined with other claims |
| Special Marriage Act ss. 36–37 | Wife (s. 36), either spouse for permanent alimony under the Act | Interim and permanent alimony | For civil marriages |
| Muslim Women (Protection of Rights on Divorce) Act, 1986 | Divorced Muslim wife | Reasonable and fair provision and maintenance from the former husband | Read with Danial Latifi (2001); in Mohd. Abdul Samad (2024) the Supreme Court held a divorced Muslim woman can also claim under the CrPC/BNSS provision |
Parents who need support from their children can use BNSS section 144 or the faster tribunal route under the Senior Citizens Act, 2007.
How courts decide the amount
Courts consider, among other things:
- The income, assets and liabilities of both spouses, including the affidavits under Rajnesh v. Neha
- The wife's reasonable needs and the standard of living during the marriage
- Children's needs: school fees, health, housing
- Whether the wife is earning or able to earn, and whether she gave up a career for the family
- The length of the marriage and the husband's other responsibilities, such as dependent parents
In Kalyan Dey Chowdhury (2017), the Supreme Court said 25% of the husband's net salary could be a just and proper amount for maintenance; this is a benchmark, not a rule. In late 2024, the Supreme Court also listed factors for permanent alimony and said alimony is meant to provide a dignified living, not to equalise wealth. Maintenance usually runs from the date of application, and amounts awarded in different proceedings are adjusted against each other.
Worked example (illustrative). A husband's net monthly income is ₹1,20,000. The wife earns ₹20,000 and their child lives with her. Using the 25% benchmark as a starting point, a court might consider maintenance of around ₹30,000 a month for the wife and child, then adjust for the wife's income, the child's school fees and the husband's obligations. The real figure can be quite different.
Streedhan: what it is and how to recover it
Streedhan includes jewellery, cash, clothes, household items and property given to a woman by her parents, relatives, husband and in-laws before, at or after the wedding. In Maya Gopinathan v. Anoop S.B. (2024), the Supreme Court restated that streedhan is the woman's absolute property; the husband has no control over it, though he may use it in distress, with a moral duty to return it.
How to protect and recover streedhan:
- Make a list with photographs, bills and the names of givers. Wedding photographs often help.
- Keep it in your own name, for example a locker in your name alone.
- Ask for its return in writing when you separate.
- Legal remedies: a claim in the matrimonial case (Hindu Marriage Act s. 27 covers property presented at or about the marriage), an application under the Domestic Violence Act, a civil suit, or a criminal complaint for criminal breach of trust under the Bharatiya Nyaya Sanhita, 2023.
- Dowry is different. Giving or taking dowry is an offence under the Dowry Prohibition Act, 1961.
Mutual consent divorce and costs
Under section 13B of the Hindu Marriage Act, spouses who have lived separately for a year or more can file jointly for divorce. A second motion is normally made after six months; the Supreme Court has held that the waiting period can be waived in suitable cases (Amardeep Singh v. Harveen Kaur, 2017), and in Shilpa Sailesh (2023) it said it can dissolve a marriage under Article 142 where it has irretrievably broken down.
Cost drivers (illustrative): court fee (usually small), advocate's fees for drafting the petition and settlement terms, mediation, stamp duty if property is transferred under the settlement, and the agreed alimony itself. A clear settlement should cover alimony, streedhan, children's custody and support, the matrimonial home, joint loans, and the withdrawal of other cases.
Tax angle
- A lump-sum permanent alimony has generally been treated by tax tribunals as a capital receipt, not taxable for the recipient. Periodic monthly maintenance may be treated as income. Take advice on your settlement wording.
- Property transferred to a spouse under an agreement to live apart is outside the clubbing rule. See gift tax rules.
- After divorce, update nominations and your will. Under the Hindu Succession Act, a divorced spouse is no longer a "widow" or heir. See inheritance mistakes.
Frequently asked questions
Can a working wife claim maintenance?
Yes, if her income is not enough to maintain herself at the standard she enjoyed in the marriage. Courts weigh both incomes.
Can a husband claim maintenance?
Under sections 24 and 25 of the Hindu Marriage Act, either spouse can apply. BNSS section 144 covers only the wife, children and parents.
What if the husband does not pay?
Under BNSS section 144, the magistrate can issue a warrant to recover the amount and can sentence the person to imprisonment for non-payment of each month's maintenance. Other orders are enforced like civil decrees.
Does a Muslim divorced woman get maintenance only during iddat?
No. Under the 1986 Act read with Danial Latifi, the former husband must make a reasonable and fair provision for her future, and Mohd. Abdul Samad (2024) confirmed she can also apply under the CrPC/BNSS provision.
Sources
- e-Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita, 2023
- India Code — Hindu Marriage Act, 1955; Protection of Women from Domestic Violence Act, 2005; Dowry Prohibition Act, 1961
- Supreme Court of India — Rajnesh v. Neha (2020) and later judgments
- National Commission for Women — complaints and help for women
- National Legal Services Authority — free legal aid, helpline 15100
