maintenance

Maintenance is the provision a person must make for those he or she is bound to support: a spouse, children and aged parents. It covers food, clothing, residence, education and medical care, judged by the status of the parties.

Indian law provides two kinds of remedy. Personal laws (HMA, HAMA, Muslim law, Parsi and Christian statutes) give maintenance as a civil right. Section 144 BNSS gives a quick, secular remedy to wives, children and parents against a person with sufficient means who neglects them, whatever the religion. “Alimony” is the term usually used for maintenance on or after divorce.

Example

Even after divorce, a Muslim woman may claim maintenance under s.144 BNSS, as the Supreme Court held in Shah Bano.

In Indian law

• Section 144, BNSS, 2023 (old s.125 CrPC): maintenance of wives, children and parents
• Sections 18 to 20, Hindu Adoptions and Maintenance Act, 1956; ss.24 and 25, Hindu Marriage Act, 1955
• Rajnesh v. Neha, 2020 INSC 631: guidelines on affidavits of assets and the date from which maintenance runs

See also

maintenance pendente lite · divorce · mahr

Read more in the study notes

• Security for keeping the peace and good behaviour; maintenance of wives, children and parents (Bharatiya Nagarik Suraksha Sanhita)
• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
• Irregular proceedings (Bharatiya Nagarik Suraksha Sanhita)
• Presumptions, judicial notice and presumption of legitimacy (Bharatiya Sakshya Adhiniyam)
• ITES, BPO, KPO, call centres and special economic zones (Business Environment)