If you are stuck in such a situation, here is what to do.

Mr. Aarav and Ms. Meera had an arranged marriage about seven years ago. Before their wedding, Meera was employed at a private firm for a year. After the marriage, she relocated to a foreign country, Valoria, to live with Aarav. Aarav had expressed his desire for her to either continue working or pursue higher education. However, Meera was unable to get into a university due to not meeting the admission criteria. Over the next few years, Aarav encouraged her to find a job, which led to friction between them, almost culminating in a divorce. It was at this point that Meera decided to start working.

After four years of living together, the couple decided to separate. Aarav states that during their time together, he managed most household chores, including cooking, and covered all major financial expenses like rent and travel, even after Meera started earning. Meera has since returned to India and is currently employed in the city of Shantipur. Given these circumstances, Aarav is concerned about his financial obligations and whether he is required to provide any maintenance or share his assets with her.

Advice in such cases

When a marriage breaks down, financial settlement is a major point of contention. The Indian legal system aims to ensure that neither spouse is left in a state of financial distress after a divorce. The court’s decision is not based on a fixed formula but on the specific facts and circumstances of each case.

• Gather all financial documents, including your income proof, assets, liabilities, and records of major expenses you covered during the marriage.
• Try to ascertain the current income and employment status of your spouse. This is a critical factor in determining maintenance.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

Matters of alimony and maintenance in India for Hindus are primarily governed by the Hindu Marriage Act, 1955. The relevant provisions are:

• Section 24 of the Hindu Marriage Act, 1955: This section deals with Maintenance *pendente lite* (interim maintenance). It allows the court to direct one spouse to pay the other spouse’s litigation expenses and provide monthly financial support during the court proceedings.
• Section 25 of the Hindu Marriage Act, 1955: This section provides for permanent alimony and maintenance. The court can order the respondent to pay a lump sum or a periodic payment for the lifetime of the applicant. The court considers the income and property of both parties, their conduct, and other circumstances.
• Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This provision (which corresponds to the earlier Section 125 of the CrPC) is a secular law that allows a wife, child, or parent to claim maintenance if they are unable to maintain themselves. An order under this section can be sought even without filing for divorce.

If you are the complainant

If you are in a situation similar to Aarav’s and are seeking a divorce or responding to a maintenance claim, here are the steps to consider:

• Document Everything: Collect and organize all financial records, including your salary slips, bank statements, tax returns, and proof of assets. Also, gather any evidence of the expenses you bore for the household and for your wife.
• Establish Her Earning Capacity: Provide evidence of your wife’s educational qualifications, professional experience, and current employment status. The fact that she is employed and earning is a significant factor the court will consider.
• File a Detailed Reply: If your wife files a petition for maintenance, you must file a comprehensive reply with an affidavit of your assets and liabilities, and importantly, state the facts about her income and ability to maintain herself.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

If you are the spouse seeking financial support, even if you are employed, you may still be entitled to maintenance. Here is what you should do:

• Prove Husband’s Income: The onus is often on the wife to provide the court with an accurate picture of the husband’s financial status. Collect documents like his salary slips, bank statements, ITRs, or any information about his assets and lifestyle.
• Justify Your Needs: Prepare a detailed list of your monthly expenses to demonstrate your financial needs and to show that your current income is insufficient to maintain the standard of living you were accustomed to during the marriage.
• Highlight Income Disparity: The court will consider a significant difference in the incomes of the spouses. If the husband earns substantially more, the court may award maintenance to bridge the gap and ensure a dignified life for the wife.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

Divorce and maintenance are civil matters and are handled by the Family Courts. The police have no direct role in proceedings for alimony or financial settlement. Their involvement is only warranted if there are allegations of a criminal nature, such as domestic violence, cruelty (under Section 498A of the IPC, which will be covered under the new Bharatiya Nyaya Sanhita), or dowry harassment. In a straightforward case concerning financial obligations post-separation, all proceedings will be conducted through the court system, not a police station.

FAQs people normally have

• Can a working wife claim maintenance?
  Yes. The Supreme Court of India has repeatedly held that a wife’s ability to earn does not automatically disentitle her from claiming maintenance. If there is a significant disparity in income and she cannot maintain the same standard of living she had during the marriage, the court can grant maintenance.
• How is the amount of alimony calculated?
  There is no fixed formula. The court considers several factors: the husband’s income, assets, and liabilities; the wife’s income and needs; the standard of living during the marriage; the duration of the marriage; and the conduct of the parties.
• Is it possible to have a one-time settlement instead of monthly payments?
  Yes. The parties can mutually agree on a one-time, lump-sum payment as full and final settlement of all alimony claims. This is often preferred as it provides a clean break and avoids future litigation. The court can also order a lump-sum payment under Section 25 of the Hindu Marriage Act.

What evidence is required?

Strong documentary evidence is crucial in maintenance cases. Both parties should be prepared to submit:

• Income Tax Returns for the last 3-5 years.
• Salary slips and employment contracts.
• Bank account statements for the last 3-5 years.
• Documents related to movable and immovable properties.
• Proof of investments (stocks, mutual funds, etc.).
• Credit card statements to show lifestyle.
• Proof of rent, EMI payments, and other major liabilities.
• Educational qualification certificates to establish earning capacity.

How long will the investigation take?

In civil cases like divorce and maintenance, the term used is “proceedings” rather than “investigation.” The duration can vary greatly. An application for interim maintenance (under Section 24 HMA) is generally decided within a few months. However, a contested divorce case, which includes the final decision on permanent alimony, can take several years to conclude, depending on the complexity of the case, the evidence presented, and the workload of the court.

Advocate Sudhir Rao, Supreme Court of India