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

In India, the laws surrounding spousal support, known as maintenance and alimony, are designed to provide financial security to a dependent spouse during and after marital separation or divorce. A common misconception is that only women can claim maintenance. However, the law is nuanced, and depending on the specific circumstances and the governing statute, either spouse may be entitled to claim support or be required to provide it. The courts meticulously evaluate various factors, such as the income of both parties, their standard of living during the marriage, their individual needs, and their financial liabilities before determining the quantum of maintenance.

Marital disputes can arise from various issues, including cruelty, desertion, adultery, or mutual consent. A divorce by mutual consent is often the most amicable path, but it is crucial to remember that a divorce is only legally valid when a court issues a formal decree. Similarly, issues of domestic violence are taken very seriously, and under the Protection of Women from Domestic Violence Act, 2005, a victim can seek protection orders, the right to reside in the shared home, and monetary relief.

Whether you are seeking financial support or are being asked to provide it, navigating the legal landscape of maintenance and alimony requires careful consideration. A single misstep can have long-lasting financial consequences. It is essential to be well-informed about your rights and obligations before making any decisions.

Advice in such cases

If you are involved in a marital dispute where maintenance is a point of contention, here are some steps to consider:

• Gather Financial Documents: Collect all relevant financial records, including salary slips, income tax returns, bank statements, property documents, and details of any investments or liabilities. This documentation is crucial for substantiating claims or defenses.
• Maintain Records of Communication: Keep a record of all significant conversations and correspondence with your spouse, especially those related to finances and separation.
• Understand Your Rights and Obligations: Familiarize yourself with the basics of the laws that apply to your situation. Knowing what you are entitled to or what may be expected of you is the first step toward a fair resolution.
• **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

Maintenance and alimony in India are governed by several statutes, depending on the religion of the parties and the nature of the dispute. The primary legal provisions include:

• Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This is a secular provision that allows a wife, children, or parents who are unable to maintain themselves to claim maintenance from a husband, father, or son, respectively, who has sufficient means.
• The Hindu Marriage Act, 1955: Section 24 of this Act provides for maintenance *pendente lite* (interim maintenance during the court proceedings), and Section 25 deals with permanent alimony and maintenance upon the passing of a divorce decree. Notably, under this Act, either the husband or the wife can claim maintenance.
• The Protection of Women from Domestic Violence Act, 2005: Section 20 of this Act allows a magistrate to grant monetary relief to the aggrieved person to meet the expenses incurred and losses suffered as a result of domestic violence. This is in addition to any maintenance granted under other laws.
• The Hindu Adoptions and Maintenance Act, 1956: This Act provides a Hindu wife with the right to claim maintenance from her husband while living separately, without seeking a divorce, under certain specified conditions.

If you are the complainant

If you are seeking maintenance, you are the complainant or petitioner. Your goal is to demonstrate to the court that you are unable to support yourself and that your spouse has the capacity to provide financial support.

• File a Petition: Your lawyer will help you file a maintenance petition in the appropriate family court or magistrate’s court, citing the relevant legal provisions.
• Disclose Your Financial Status: You must provide an honest and complete picture of your own income, assets, and necessary expenditures.
• Provide Evidence of Spouse’s Income: You will need to provide evidence of your spouse’s income and standard of living. This can include salary slips, business records, or evidence of a lavish lifestyle.
• **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 a maintenance claim has been filed against you, you are the respondent. Your objective is to ensure that the court arrives at a fair and reasonable amount based on the true financial picture of both parties.

• Respond to the Petition: You must file a formal reply to the maintenance petition filed by your spouse, addressing all the claims made.
• Full and Frank Disclosure: It is legally mandatory to provide a complete and honest disclosure of your income, assets, and liabilities. Hiding assets can lead to adverse orders from the court.
• Present Your Liabilities: Provide evidence of your own financial responsibilities, such as supporting dependent parents, paying off loans, or other essential expenses.
• **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

The role of the police in maintenance cases is limited, as these are primarily civil matters adjudicated by the courts. The police do not get involved in the process of filing for or deciding the amount of maintenance. However, their role becomes crucial in specific situations:

• Domestic Violence: If the claim for maintenance is linked to a complaint under the Protection of Women from Domestic Violence Act, 2005, the police are the first point of contact. They are responsible for registering a Domestic Incident Report (DIR) or a First Information Report (FIR) if a cognizable offense is disclosed.
• Enforcement of Orders: If a court has passed a maintenance order under Section 144 of the BNSS and the respondent fails to comply, the court can issue a warrant for levying the amount due. In such enforcement proceedings, the police may be directed by the court to execute the warrant.

FAQs people normally have

• Can a working woman claim maintenance?
  Yes, a wife who is employed can still claim maintenance if her income is not sufficient to maintain the same standard of living she was accustomed to during the marriage, and if the husband’s income is significantly higher.
• What is the difference between maintenance and alimony?
  Maintenance is typically a periodic payment (usually monthly) made to a spouse for their support. Alimony, on the other hand, often refers to a one-time, lump-sum payment made after a divorce to settle all future claims.
• Can a husband claim maintenance from his wife?
  Yes. Under the Hindu Marriage Act, 1955, an indigent husband who is unable to earn and support himself can claim maintenance from his wife if she has sufficient income and resources.
• How is the amount of maintenance calculated?
  There is no fixed formula. The court considers several factors, including the status of the parties, the needs of the claimant, the income and assets of the respondent, the liabilities of both parties, and the standard of living during the marriage.

What evidence is required?

Strong evidence is key to a successful maintenance claim or defense. The following documents are typically required:

• Marriage certificate or other proof of marriage.
• Affidavits of income, assets, and liabilities as mandated by the Supreme Court.
• Salary slips, appointment letters, and income tax returns.
• Bank account statements for the last 2-3 years.
• Details of investments in stocks, mutual funds, etc.
• Documents related to any real estate or movable property.
• Credit card statements to show the standard of living.
• Proof of expenses, such as rent receipts, school fees for children, and utility bills.
• Proof of any liabilities, such as loan statements.

How long will the investigation take?

Maintenance cases are not “investigated” in the criminal sense; they are civil proceedings that are adjudicated based on the evidence presented by both parties. The timeline can vary significantly:

• Interim Maintenance: The courts are directed to decide on the application for interim maintenance (support during the proceedings) as expeditiously as possible, often within a few months of filing.
• Final Order: The final disposal of the maintenance petition can take much longer, sometimes a year or more, depending on the complexity of the case, the amount of evidence to be examined, and the backlog of cases in the court.

Advocate Sudhir Rao, Supreme Court of India