Wife's Maintenance and Permanent Alimony: Section 144 BNSS and the Hindu Marriage Act

By the legal team at Neeraj Associates · Updated 24 October 2026 · 6 min read

Practice areas: Family Law Matrimonial Cases Divorce Cases

By Team Neeraj Associates, Lucknow · Last reviewed: October 2026 · 7 min read

हिंदी में पढ़ें: पत्नी का भरण-पोषण और स्थायी गुज़ारा भत्ता — हिंदी गाइड

The main routes to maintenance

• Section 144 BNSS (Magistrate): a quick, summary remedy for a wife (including a divorced wife who has not remarried), children and parents, against a person with sufficient means who neglects or refuses to maintain them. It applies to all religions.
• Section 24, Hindu Marriage Act, 1955: maintenance pendente lite (while the case is pending) and the expenses of the proceedings, for either spouse who has no independent income sufficient for support. The application should, as far as possible, be decided within 60 days of service of notice.
• Section 25, Hindu Marriage Act: permanent alimony and maintenance, at the time of the decree or later, as a gross sum or monthly or periodic payments.
• Section 18, Hindu Adoptions and Maintenance Act, 1956: a Hindu wife's right to be maintained by her husband during her lifetime, including the right to live separately in certain situations, such as cruelty or desertion.
• Domestic Violence Act, Section 20: monetary relief, including maintenance, in a DV case. See our Domestic Violence Act guide.

These remedies can run side by side. Any amount already awarded in one case must be disclosed in the other, and courts generally adjust one against the other so that the husband does not pay twice for the same need.

Who can claim under Section 144 BNSS?

• A wife unable to maintain herself. This includes a divorced wife who has not remarried.
• Minor children, legitimate or not, and adult children unable to maintain themselves because of a physical or mental abnormality or injury.
• Father or mother unable to maintain themselves.

The claim is against a person who has sufficient means and neglects or refuses to maintain them. A husband who is able-bodied is generally expected to earn. Under the BNSS there is no upper limit on the monthly amount.

When is a wife not entitled?

Under Section 144(4) BNSS, a wife is not entitled to maintenance if:

• she is living in adultery
• she refuses to live with her husband without sufficient reason
• they are living separately by mutual consent

If the husband offers maintenance on condition that she lives with him, the Magistrate considers her grounds for refusing. His marrying another woman or keeping a mistress is treated as a just ground for her to live separately.

Where and how to file under Section 144

1. Choose the court: the Judicial Magistrate First Class (or the Family Court, where one exists, such as in Lucknow) where the husband lives, where the wife lives, or where they last lived together (Section 145 BNSS).
2. File the application with details of the marriage, children, the husband's income and assets, your own income and expenses, and the neglect or refusal.
3. File an affidavit of assets, income and liabilities. Courts now require both sides to disclose these, so keep salary slips, ITRs, bank statements and property details ready.
4. Ask for interim maintenance and litigation expenses at the start. These are to be decided within 60 days of notice, as far as possible.
5. Final order: the allowance runs from the date of the order or, if the court so directs, from the date of the application (Section 144(2)).

How is the amount decided?

There is no fixed formula in the statutes. Courts generally look at:

• both spouses' income and earning capacity
• the standard of living during the marriage
• the needs of the wife and children, including school fees and medical costs
• the husband's reasonable liabilities and dependants
• property owned by either side

The amount can later be increased or reduced on a change in circumstances (Section 146 BNSS for orders under Section 144; Section 25(2) HMA for alimony).

Permanent alimony under Section 25

At the time of the divorce decree, or afterwards, the court can order the husband (or, in some cases, the wife) to pay permanent alimony. This can be a one-time lump sum or monthly payments. The court considers both sides' income and property, and the conduct of the parties. The payment can be secured by a charge on immovable property. The order can be varied, or cancelled if the receiving spouse remarries or, in the case of a wife, has not remained chaste. In a mutual consent divorce, a lump sum is usually agreed as full and final settlement. See our mutual consent divorce guide.

What if the husband does not pay?

• Under Section 144(3) BNSS: for each month's default without sufficient cause, the Magistrate can issue a warrant to recover the amount as a fine, and can order imprisonment of up to one month or until payment. The application for recovery must be made within one year from the date the amount became due, so do not let arrears pile up.
• Enforcement anywhere: an order can be enforced by any Magistrate where the husband is (Section 147 BNSS).
• Orders under the Hindu Marriage Act are executed like civil decrees, including attachment of salary and property.
• Non-payment of interim maintenance in a divorce case can also lead the court to strike off the defence or stay the husband's own proceedings.

Frequently asked questions

Can a working wife claim maintenance?

Yes, if her income is not enough to maintain herself at the standard she was used to. Her income is taken into account in fixing the amount.

Can a husband claim maintenance from his wife?

Under Section 24 and Section 25 of the Hindu Marriage Act, either spouse can claim, depending on income. Section 144 BNSS does not give a husband a claim against his wife.

Can maintenance be claimed from the date of the application?

Yes. The court can order maintenance from the date of the application (Section 144(2) BNSS), and this is commonly done to cover the time the case takes.

What if the husband says he has no income?

Courts look at earning capacity, lifestyle, property and bank records, not only declared salary. Both parties must disclose assets and income on affidavit.

Is maintenance under the DV Act separate from Section 144?

They are separate remedies and can run together, but amounts awarded in one are adjusted in the other.

About the authors

Team Neeraj Associates, Lucknow Email: rishi.saxena@neerajassociates-legal.com · Phone: +91 8960006363

Disclaimer: This article is general information as of October 2026, not legal advice. Laws change, and every case depends on its facts. Please consult an advocate about your situation.