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Maintenance & Alimony

Fair financial support — claimed, defended, or revised.

BNSS + Hindu Marriage Act + HAMA, 2023 / 1955 / 1956 · Section 144 BNSS (old 125 CrPC) · Sections 24–25 HMA

Overview

Maintenance runs on several parallel tracks: the quick summary route under Section 144 BNSS (the old 125 CrPC) for wives, children, and parents who cannot maintain themselves; interim maintenance and litigation costs under Section 24 HMA while a matrimonial case runs; and permanent alimony under Section 25 at decree. Amounts turn on the paying spouse's real income — which is why income discovery (salary slips, ITRs, business records, lifestyle evidence) decides these cases. We act for claimants seeking fair support and for payers facing inflated demands.

Key Provisions — BNSS + Hindu Marriage Act + HAMA, 2023 / 1955 / 1956

  • Section 144 BNSS — maintenance for wife, children and parents unable to maintain themselves; enforceable by warrant, even arrest.
  • Supreme Court guidelines (Rajnesh v. Neha) mandate asset-and-income affidavits from both sides and set criteria for quantum.
  • Interim maintenance runs from the date of application; arrears accumulate and are recoverable.
  • Orders are revisable on changed circumstances — job loss, remarriage, or discovery of hidden income.

What You Can Get

Monthly maintenance for spouse & children
Interim support while cases run
Arrears recovery with enforcement
Reduction of inflated orders on real evidence

How We Handle It

1

Income Mapping

Both sides' asset-income affidavits; we trace real earnings, not declared ones.

2

File / Defend

Application under the right provision — or a grounded reply against an inflated claim.

3

Interim Order

Support from the application date while the matter is heard.

4

Final Quantum & Enforcement

Final order — and warrant-backed recovery if payments stop.

Typical timeline: Interim orders 2–6 months · enforcement of defaults by warrant · revisions on changed circumstances.

Frequently Asked Questions

My husband shows almost no income on paper — what can I get?

Courts look past paper: lifestyle, property, business turnover and bank flows establish earning capacity. The Rajnesh affidavit format exists precisely for this.

Can a working wife claim maintenance?

Employment doesn't bar the claim; the test is whether her income sustains a comparable standard of living. It affects quantum, not eligibility.

Legal Connect connects you with independent family-law advocates; we are not a law firm and this page is general information, not legal advice. Family matters are handled with complete confidentiality — call +91 22 6555 3444.

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