Written and reviewed by Adv. Tanmay S. Shirsat, Advocate, High Court of Bombay. Consultations in English, Hindi and Marathi, in person or by video call. Last updated November 2026.
Who Can Claim
A Magistrate of the first class can order a person with sufficient means who neglects or refuses to maintain any of the following to pay a monthly allowance:
- A wife who is unable to maintain herself. "Wife" includes a woman who has been divorced, or has obtained a divorce, and has not remarried.
- A child, legitimate or illegitimate, who is a minor and unable to maintain itself, whether married or not.
- An adult child, other than a married daughter, who cannot maintain itself because of a physical or mental abnormality or injury.
- A father or mother who is unable to maintain himself or herself.
The law sets no upper limit on the amount. The court fixes what it considers fit, and may order a father to support a minor married daughter if her husband lacks sufficient means.
Where to File in Mumbai
Under Section 145, the application can be filed in any district where the other person lives, where you or he lives, where you last lived together, or, for parents, where the father or mother lives. In Mumbai, maintenance applications under this chapter are heard by the Family Court at Bandra, in Bandra Kurla Complex.
Parents have a second route: the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the Maintenance Tribunal. The right forum depends on the facts.
The Process, Step by Step
- Application: File the maintenance application with the facts, the neglect or refusal, and the amount you seek.
- Disclosure affidavit: Following Rajnesh v. Neha (2020), both sides file an affidavit disclosing their income, assets and liabilities. Prepare yours carefully; it is the basis of the order.
- Interim maintenance: Ask for interim maintenance and the expenses of the case at the start. Section 144 says such an application should, as far as possible, be decided within 60 days of notice to the other side.
- Notice and reply: The other side is served and files a reply. Evidence is recorded in his presence, or his advocate's if his attendance is excused.
- Final order: The court fixes the monthly amount and the date from which it runs.
If the other side deliberately avoids service or stays away, the court may decide the case ex parte. He can ask for that order to be set aside only on good cause shown within three months, under Section 145.
How the Amount Is Decided
- The standard of living the family had, and your reasonable needs
- The income, property and liabilities of both sides, as disclosed on affidavit
- The needs of the children, including school fees and medical costs
- Any amount already ordered in other proceedings, such as under the Protection of Women from Domestic Violence Act, which the court takes into account
Section 144(2) makes the allowance payable from the date of the order, or from the date of the application if the court so directs. In Rajnesh v. Neha, the Supreme Court held that maintenance should be awarded from the date of the application.
When a Wife Is Not Entitled
Section 144(4) bars maintenance to a wife who is living in adultery, who refuses to live with her husband without sufficient reason, or where the two live separately by mutual consent.
If the husband offers maintenance only on condition that she returns, the court can still order it if she has just ground to refuse. Under the Explanation to Section 144(3), his marrying another woman or keeping a mistress is just ground.
If Maintenance Is Not Paid
For each breach without sufficient cause, the court can issue a warrant to recover the amount as if it were a fine, and can send the defaulter to prison for up to one month for each unpaid month's allowance remaining, or until payment.
The deadline most people miss: no warrant is issued unless you apply to recover an amount within one year of the date it became due. Do not let arrears build up for more than a year before applying.
Changing or Cancelling an Order
- Change in circumstances: Under Section 146, either side can ask the court to raise or reduce the amount if the income or needs of either party change.
- Remarriage: An order for a divorced wife is cancelled from the date she remarries.
- Civil court decision: If a civil court decision changes the basis of the order, the Magistrate modifies or cancels it accordingly.
- Conduct: An order for a wife is cancelled if it is proved she is living in adultery, refuses without sufficient reason to live with her husband, or they live apart by mutual consent.
Documents to Keep Ready
- Proof of marriage, such as the marriage certificate or photographs and invitation
- Birth certificates of the children
- Proof of the other side's income and assets: salary slips, income-tax returns, bank statements, property and vehicle details
- Your own income, if any, and your monthly expenses: rent, school fees, medical bills
- Messages or letters showing the neglect or refusal to maintain
- Identity and address proof, and the disclosure affidavit of income, assets and liabilities
Common Questions
- Can a divorced Muslim woman claim: Yes. In Mohd. Abdul Samad v. State of Telangana (2024), the Supreme Court held that a divorced Muslim woman can seek maintenance under this provision.
- I earn a little. Can I still claim: Possibly. The question is whether you can maintain yourself at a reasonable standard, not whether you earn anything at all.
- Can I claim under the Domestic Violence Act as well: Yes, but you must disclose the other proceedings, and the court adjusts one award against the other.
- He says he has no income: The court looks at the disclosure affidavits, bank records and lifestyle, not just the stated salary.
This guide is general information about the law as of November 2026 and is not legal advice. The right course depends on the facts, the documents and the dates in your case.