Maintenance And Alimony Lawyer In Delhi

When Money Becomes The Hardest Part Of A Separation

Maybe you have been told to leave the house with nothing. Maybe you are managing rent, school fees and groceries on one salary while the other spouse refuses to contribute. Or maybe you are the one who has been served a maintenance claim that looks far larger than your income can bear. Either way, the uncertainty is stressful, and it affects sleep, work and the children.

Maintenance law exists so that a person who cannot support themselves is not left helpless, and so that the amount is decided by the court on facts rather than pressure. Our job is to put your side clearly, with accurate documents, so the order that comes out is fair to you.

Who Can Claim Maintenance In India?

• A wife, during and after the marriage, under the Hindu Adoptions and Maintenance Act, the Hindu Marriage Act, personal laws and the Domestic Violence Act.
• A husband, if he has no independent income sufficient for his support. Sections 24 and 25 of the Hindu Marriage Act are gender neutral.
• Children, whether legitimate or not, until they can support themselves, and unmarried daughters in many cases even after adulthood.
• Elderly parents, who cannot maintain themselves, under the Maintenance and Welfare of Parents and Senior Citizens Act and the criminal-procedure law.

Different Routes To Claim Maintenance

Interim Maintenance (Section 24, HMA)

Where a divorce or similar case is pending, either spouse can ask for monthly support and litigation expenses until the case ends. This is often the most urgent relief.

Permanent Alimony (Section 25, HMA)

When the court passes a decree, it can order a lump sum or monthly payments, and it can later modify the order if circumstances change materially.

Section 144 BNSS (earlier Section 125 CrPC)

A quicker, summary remedy for wives, children and parents who are unable to maintain themselves. It applies regardless of religion, and the Supreme Court confirmed in 2024 that Muslim women can also use it.

Domestic Violence Act, 2005

If there has been abuse, the court can grant monetary relief, a right to residence and protection orders along with maintenance.

How Courts Decide The Amount

There is no fixed formula or percentage in the statute. Judges weigh the income and earning capacity of both spouses, their standard of living, the duration of the marriage, age and health, number and needs of children, other liabilities and the assets each person holds. A well-organised file showing real expenses and real income is what moves the amount in a realistic direction.

Documents We Usually Ask You To Prepare

• Income proof, salary slips, business accounts and income tax returns for several years
• Bank statements and details of investments, property, vehicles and loans
• School fees, medical bills, rent and monthly household expense records
• Marriage details, any previous orders, and proof of separation or abuse if relevant

If The Other Side Does Not Pay

A maintenance order is enforceable. Remedies can include attachment of salary or property, recovery as arrears and, in certain proceedings, imprisonment for wilful non-payment. If you are the paying spouse, we help you seek modification when income has genuinely reduced or when the amount fixed is out of proportion.

Our Approach

We prepare the financial affidavit carefully, challenge inflated or understated claims with documents, and look for sensible settlements where possible. You get a straightforward estimate of what is realistic, not false promises, and we keep your information confidential from the first meeting.

How To Prepare A Strong Financial Affidavit

Since the Supreme Court’s directions in Rajnesh v. Neha, both spouses file an affidavit of assets, income and liabilities in maintenance matters. This document often decides the first order, so it should be accurate, complete and supported by papers.

• Income: salary slips, business accounts, bank statements for at least a year and income tax returns for several years.
• Assets: property, vehicles, investments, jewellery, fixed deposits and bank balances.
• Liabilities: loans, EMIs and credit card dues, with statements.
• Expenses: rent, groceries, school fees, medical costs, transport and insurance.
• Dependants: children and elderly parents who rely on you.

Common Disputes About Income

Many maintenance cases turn on what a person really earns. Self-employed people may show low income on paper, while employees may receive allowances that are not visible on the salary slip. Courts look at lifestyle, spending patterns, bank entries and the earning capacity of a qualified person, not only declared income. A spouse who has left a job voluntarily to avoid paying support may still be treated as capable of earning. Equally, a spouse who is genuinely unemployed or ill should not be burdened with an unrealistic amount.

Alimony, Maintenance And Stridhan: What Is The Difference?

• Interim maintenance is monthly support while the case is pending.
• Permanent alimony is the amount fixed at or after the decree, as a lump sum or as monthly payments.
• Stridhan is the wife’s own property, such as gifts and jewellery received before, at or after marriage. It remains hers, and it is separate from alimony.

Illustrative Situations

General examples, not real clients.

A homemaker with two children. She has no independent income and has been asked to leave the shared home. She files for interim maintenance and a right of residence, supported by the family’s expense records.

A husband whose business income has fallen. After a genuine downturn, he asks the court to reduce an earlier order, supported by audited accounts and bank statements.

A spouse who changes jobs to reduce income. The court looks at earlier salary, qualifications and lifestyle to fix an amount that reflects actual capacity.

Enforcing And Changing A Maintenance Order

If a spouse stops paying, the court can order recovery of arrears, attach salary or property and, in certain proceedings, impose imprisonment for wilful default. If your circumstances change, for example through job loss, illness or remarriage, either side can apply to modify the order, with proper evidence. It is risky to stop paying on your own, because arrears can build up and attract penalties.

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