Maintenance is a legal right in India that ensures financial support for dependants who cannot support themselves. The primary law is Section 125 of the Code of Criminal Procedure (CrPC), which applies to all religions and provides speedy relief.

Who Can Claim Maintenance Under Section 125?

• Wife: Including divorced wife (until she remarries or earns sufficiently)
• Minor Children: Both legitimate and illegitimate children under 18 years
• Adult Children with Disabilities: Who cannot maintain themselves due to physical/mental conditions
• Parents: Father and mother who cannot support themselves

How Is Maintenance Amount Decided?

The court considers the husband's/parent's income, standard of living, number of dependants, and the needs of the claimant. There is no fixed formula — courts use discretion based on all circumstances.

Interim Maintenance

While the main case is pending, you can apply for interim maintenance under Section 125(3) CrPC. Courts typically grant this quickly to ensure the claimant is not left without support during the legal process.

Special Provisions for Hindu Women

Under the Hindu Adoption and Maintenance Act, 1956 and the Hindu Marriage Act, 1955, wives can claim both interim maintenance and permanent alimony. The Supreme Court has consistently held that maintenance should reflect the lifestyle of the marriage.

If you need to file or defend a maintenance claim, contact Advocate Ankush Mittal & Associates at +91 9996865669 — we provide sensitive, confidential, and effective legal support.