Maintenance Rights

Spousal and Child Maintenance in India: Legal Rights and Enforcement

  • 10 Nov 2025
  • KP Law & Legal Associate

Maintenance ensures financial security for spouses and children unable to support themselves.

Legal Provisions

  • Hindu Marriage Act, 1955 – for Hindu spouses

  • Muslim Personal Law – maintenance under Quranic provisions

  • CrPC Section 125 – maintenance for wife, children, and parents

Factors Determining Maintenance

  • Income and earning capacity of the spouse

  • Standard of living during marriage

  • Needs of the dependent

Enforcement

  • Filing an application in family court

  • Court orders for monthly or lump-sum payments

  • Penalties for non-compliance

“Maintenance laws protect dependents and ensure justice in family matters.”

FAQs

Q1. Who can claim maintenance?
A: Wife, children, and parents unable to support themselves.

Q2. Is maintenance applicable for divorced spouses?
A: Yes, under relevant personal and secular laws.

Q3. How is amount of maintenance decided?
A: Based on income, needs, and living standards.

Q4. What if spouse refuses to pay?
A: Court can enforce orders with penalties or imprisonment.

Q5. Can maintenance be revised?
A: Yes, based on change in financial circumstances.