IndiaWhat maintenance can a wife claim during divorce proceedings?
A wife can claim interim maintenance during divorce proceedings under Section 24 of the Hindu Marriage Act, 1955, or Section 125 of the CrPC — amount depends on husband’s income, wife’s needs, and standard of living.
What the Law Says
Indian law provides two main statutory routes for a wife to claim maintenance during divorce proceedings: one under personal law (e.g., Hindu Marriage Act) and another under secular criminal law (Code of Criminal Procedure). The quantum and conditions differ across provisions.
Under the Hindu Marriage Act, 1955, Section 24 allows either spouse to apply for 'interim maintenance' and expenses of the proceeding during the pendency of any proceeding under the Act — including divorce. The court may order the respondent to pay monthly maintenance to the applicant if they have sufficient means and the applicant has no independent income sufficient for their support.
Section 125 of the Code of Criminal Procedure, 1973 applies to all religions and empowers a Magistrate to order maintenance for a wife who is unable to maintain herself — even during divorce proceedings. It requires the husband to provide a monthly allowance if he has sufficient means and she is not living in adultery or refusing to live with him without sufficient reason.
The amount awarded is discretionary and based on factors like the husband’s income, wife’s needs, standard of living during marriage, education, health, and employment capacity. There is no fixed percentage or formula — courts assess each case individually.
Statutory TextIn any proceeding under this Act, either party may apply to the court for an order for payment to him or her, for the maintenance of such party, by the other party, of such gross sum or monthly or periodical sum as the court may deem reasonable.
— Hindu Marriage Act, 1955, s. 24 — Maintenance pendente lite and expenses of proceedings
Statutory TextIf any person having sufficient means neglects or refuses to maintain his wife… the wife may apply to a Magistrate… for an order for payment to her of such monthly allowance… as the Magistrate thinks fit.
— Code of Criminal Procedure, 1973, s. 125 — Order for maintenance of wives, children and parents
What Courts Have Said
Courts have clarified that interim maintenance is not punitive but meant to ensure fairness and dignity during litigation — and that eligibility does not depend on fault in divorce.
SC held that maintenance under Section 125 CrPC and Section 24 HMA are distinct remedies; wife can claim both simultaneously, and income of wife’s parents cannot be imputed to deny maintenance.
Emphasized that interim maintenance must be granted promptly and should reflect the couple’s marital standard of living — delay or procedural objections cannot defeat substantive rights.
What to Do
File an application under Section 24 of the Hindu Marriage Act (or Section 125 CrPC) along with your divorce petition or separately before the same court/Magistrate.
Submit proof of husband’s income (salary slips, ITR, property documents) and your own financial position (bank statements, medical reports, educational qualifications).
Attend hearings promptly — courts often decide interim maintenance within 2–4 hearings.
If denied or inadequately awarded, file a revision petition before the High Court within 30 days.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.