1. Maintenance is a financial assistance given to husband / wife and child or children during a divorce and also after judgment and decree.  It will be mentioned in the judgment and decree.  Please refer these sections.

interim maintenance for wife.

permanent maintenance for wife.

interim maintenance for child.

permanent maintenance for child.

2. Amount of maintenance depends on the financial wellbeing, earning potential, age, monthly expenses of spouse, monthly expenses of child, if any.  The purpose of maintenance is to assist the husband / wife who is having financial difficulties to handle the divorce case expenses, monthly expenses of self, and that of child or children without any impediment or shortfall to live a decent life.

  • It is a financial assistance and not a luxury or entitlement.
  • The order for maintenance by the court will be revised, if circumstances change.
  • If there are any additional expenses unforeseen in nature occur, additional maintenance can be ordered as well to cover such expense.

Applicable laws for Maintenance in India:

The applicable sections for seeking a Maintenance under various laws are as follows;

1. Section 24 and 25 of the Hindu Marriage Act, 1955.

2. Section 36 and 37 of the Special Marriage Act, 1954.

3. Section 36 and 37 of the Divorce Act, 1869.

4. Section 39 and 40 of Parsi Marriage Act 1936.

Also, if you are interested, go through these sections

Grounds for divorce

Divorce Jurisdiction

Divorce Documents Checklist

Application for child custody

Custody of child during divorce