What is maintenance under Indian Law?

Maintenance is the financial support that a person is legally required to provide to a dependent family member who cannot maintain themselves. It covers basic necessities such as food, clothing, shelter, education, medical care, and other essential living expenses. Under Indian law, maintenance can be claimed by eligible persons such as a wife, children, aged parents, and certain dependants, depending on the applicable law. The purpose of maintenance is to ensure that a dependent person can live with dignity and is not left without financial support.

It comes from three main sources:

Hindu Adoption and Maintenance Act, 1956 –

It covers wife (S.18), widowed daughter-in-law (S.19), children and aged parents (S.20), and dependants of the deceased (S.21–22).

Hindu Marriage Act, 1955 –

 S.24 (maintenance during proceedings) and S.25 (permanent alimony after decree), available to either spouse.

Bharatiya Nagarik Suraksha Sanhita, 2023 –

S.144, a secular remedy available even to a divorced wife who hasn't remarried.

A wife loses her right to maintenance if she is unchaste, converts out of Hinduism, or remarries.