Maintenance & Alimony Legal Notice Under Section 125 CrPC / Section 144 BNSS: Complete Guide (2026)

The right to maintenance is one of the most fundamental rights in Indian family law. It recognises that when a marriage breaks down, or when a spouse or parent is unable to support themselves, the financially stronger party has a legal obligation to provide for the dependent party. Despite this clear legal right, millions of women and children in India struggle to receive the maintenance they are entitled to — often because they do not know how to assert their claim or because the liable party refuses to pay.

A legal notice for maintenance is a powerful first step toward securing your financial rights. It formally demands that the other party fulfil their maintenance obligation and serves as a precursor to filing a maintenance petition before the court. This guide covers everything you need to know about claiming maintenance in India — the applicable laws, who can claim, how much you can expect, and the step-by-step process for sending a legal notice and filing a maintenance petition.

What Is Maintenance Under Indian Law?

Maintenance (also called "alimony" in the context of divorce) refers to the financial support that one person is legally obligated to provide to another. Under Indian law, maintenance is not charity — it is a legal right designed to ensure that a dependent spouse, children, or aged parents can live with dignity and meet their basic needs, including food, clothing, shelter, education, and medical expenses.

Indian law provides for maintenance through multiple statutory frameworks — both secular legislation that applies to all citizens regardless of religion, and religion-specific personal laws with their own provisions. The most widely used provision is Section 125 of the Code of Criminal Procedure, 1973 (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides a quick and accessible remedy available to all.

The object of maintenance proceedings is to prevent vagrancy and destitution. It is a measure of social justice and specially enacted to protect women, children, and aged parents. The right to maintenance is not dependent on the outcome of any other proceeding such as a divorce petition.

— Rajnesh v. Neha, (2021) 2 SCC 324

Who Can Claim Maintenance?

Wife's Right to Maintenance

A wife who is unable to maintain herself is entitled to claim maintenance from her husband under Section 125 CrPC / Section 144 BNSS. The right applies to:

• Married wife: A wife who is living with her husband or who has been forced to live separately due to the husband's conduct (cruelty, desertion, adultery, or any other reasonable cause).
• Wife living separately: A wife who has a justified reason to live apart from her husband can claim maintenance without filing for divorce. Valid reasons include the husband's cruelty, his keeping a concubine, his suffering from a communicable disease, or any other ground that makes it unsafe or unreasonable for her to live with him.
• Divorced wife: A wife who has been divorced and has not remarried can claim maintenance under Section 125. This right continues until she remarries or is able to maintain herself.
• Wife in a void or voidable marriage: The Supreme Court has held that even a woman in a void marriage (e.g., where the husband had a subsisting first marriage) can claim maintenance under Section 125 if she was unaware of the legal impediment at the time of marriage.

Child's Right to Maintenance

A minor child (legitimate or illegitimate) who is unable to maintain themselves is entitled to claim maintenance from their father (or mother, if the father is deceased or unable to pay). The right includes:

• Minor children: All children below the age of 18 have an unconditional right to maintenance from both parents.
• Major unmarried daughter: Under the Hindu Adoptions and Maintenance Act, an unmarried daughter can claim maintenance from her father even after attaining majority, until she is married or becomes self-sufficient.
• Adult child with disability: A child (regardless of age) who is unable to maintain themselves due to physical or mental disability is entitled to maintenance.
• Scope of child maintenance: Maintenance for a child covers food, clothing, shelter, education (including higher education), medical expenses, and all other expenses necessary for the child's development and well-being.

Parents' Right to Maintenance

Under Section 125 CrPC / Section 144 BNSS, a father or mother who is unable to maintain themselves can claim maintenance from their son or daughter who has sufficient means. Additionally, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides a dedicated mechanism for senior citizens to claim maintenance from their children and legal heirs.

Section 125 CrPC vs Section 144 BNSS: Understanding the Transition

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaced the Code of Criminal Procedure, 1973 with effect from 1 July 2024. The maintenance provisions have been carried forward with some enhancements:

• Section 125 CrPC is now Section 144 BNSS.
• Section 126 CrPC (procedure) is now Section 145 BNSS.
• Section 127 CrPC (alteration of maintenance) is now Section 146 BNSS.
• Section 128 CrPC (enforcement) is now Section 147 BNSS.
• The BNSS introduces a 90-day time limit for the Magistrate to conclude maintenance proceedings from the date of service of notice to the respondent.
• The BNSS also provides for interim maintenance to be granted during the pendency of proceedings, to be paid within 60 days of the order.

Key Provisions of Section 125 CrPC / Section 144 BNSS

• Who can apply: Wife (including divorced wife who has not remarried), minor children (legitimate or illegitimate), and aged or infirm parents.
• Condition: The applicant must be unable to maintain themselves, and the respondent must have sufficient means.
• Forum: Application is filed before the Magistrate of the First Class in the jurisdiction where the applicant resides or where the respondent resides or works.
• Nature: It is a summary proceeding — faster and less formal than a regular civil suit. The maintenance order can be passed relatively quickly.
• Amount: There is no statutory cap on the amount under the BNSS (unlike the earlier CrPC which was amended to remove the Rs. 500 cap).
• Applicability: Section 125/144 applies to all persons regardless of religion — Hindu, Muslim, Christian, Parsi, or any other community.

Maintenance Under Personal Laws

In addition to Section 125 CrPC / Section 144 BNSS, several personal laws provide for maintenance. A claimant can choose the most advantageous forum:

Hindu Law — Hindu Adoptions and Maintenance Act, 1956

• Section 18: A Hindu wife is entitled to maintenance from her husband during the subsistence of the marriage. She can claim separate residence and maintenance if the husband is guilty of desertion, cruelty, has another living wife, keeps a concubine, has converted to another religion, or for any other justifiable cause.
• Section 19: A Hindu wife's right to maintenance extends to residing in the matrimonial home (shared household).
• Section 20: A Hindu is obliged to maintain their legitimate and illegitimate children, aged or infirm parents, and minor unmarried daughters.
• Section 22: A Hindu wife who has been deserted or whose husband has taken another wife is entitled to separate residence and maintenance from her father-in-law (from his estate, not personally).
• Section 24 Hindu Marriage Act: Maintenance pendente lite — either spouse who has no independent income sufficient for self-support can claim interim maintenance during the pendency of divorce proceedings.
• Section 25 Hindu Marriage Act: Permanent alimony — the court may order maintenance as a lump sum or monthly payment at the time of passing or subsequent to the divorce decree.

Muslim Personal Law

• During marriage: A Muslim husband is obligated to maintain his wife during the marriage, regardless of her financial status. This is a well-established principle of Muslim personal law.
• After divorce — Muslim Women (Protection of Rights on Divorce) Act, 1986: A divorced Muslim woman is entitled to maintenance during the iddat period (approximately 3 months after divorce). After iddat, if she has not remarried and is unable to maintain herself, the Magistrate may direct her relatives (who would inherit her property) to provide maintenance. If such relatives are unable to pay, the State Wakf Board may be directed to provide maintenance.
• Section 125 CrPC / Section 144 BNSS: The Supreme Court in Mohd. Ahmed Khan v. Shah Bano Begum (1985) and subsequently in Danial Latifi v. Union of India (2001) affirmed that a divorced Muslim woman can claim maintenance under Section 125 CrPC even after the iddat period, provided she has not remarried.

Christian and Parsi Law

Under the Indian Divorce Act, 1869 (for Christians), the court can order alimony pendente lite (Section 36) and permanent alimony (Section 37) not exceeding one-fifth of the husband's average net income. Under the Parsi Marriage and Divorce Act, 1936, the court may order maintenance pendente lite (Section 39) and permanent alimony (Section 40). Both communities can also avail of Section 125 CrPC / Section 144 BNSS.

Protection of Women from Domestic Violence Act, 2005

The DV Act provides an additional avenue for claiming maintenance. Under Section 20, a Magistrate can grant monetary relief to an aggrieved woman, including maintenance for herself and her children, as well as compensation for emotional distress and loss. The DV Act applies to women in all types of domestic relationships — including live-in relationships — making it broader than the traditional maintenance provisions.

Why Send a Legal Notice for Maintenance?

• Formal demand on record: The notice formally documents your demand for maintenance, creating an official record that the other party was informed of their obligation.
• Opportunity for voluntary payment: Many spouses begin paying maintenance upon receiving a legal notice, avoiding the need for court proceedings.
• Strengthens your court petition: If you file a maintenance petition, the notice demonstrates that you attempted to resolve the matter before approaching the court.
• Establishes the date from which maintenance can be claimed: Courts may order maintenance from the date of filing the petition or even from the date of the legal notice, making it important to send the notice promptly.
• Facilitates negotiation: The notice opens a channel for settlement discussions, potentially leading to a mutually agreed maintenance arrangement without court intervention.
• Puts pressure on the defaulting party: The threat of court proceedings — including potential imprisonment for non-compliance with maintenance orders — often motivates the other party to act.

Essential Elements of a Maintenance Legal Notice

1. Details of the sender (claimant): Full name, address, and relationship to the respondent (wife, child's guardian, parent).
2. Details of the respondent: Full name, address, occupation, and known sources of income and assets.
3. Details of the advocate: Name, enrolment number, and address of the advocate sending the notice.
4. Marriage and family details: Date and place of marriage, details of children (names, ages, educational status), and the current living arrangement.
5. Factual narrative: A detailed account of the circumstances leading to the maintenance claim — the husband's conduct (desertion, cruelty, neglect), the date of separation (if applicable), the sender's financial situation, and the needs of the sender and children.
6. Respondent's financial capacity: Details of the respondent's income, employment, business, property, assets, and lifestyle. This establishes that the respondent has "sufficient means" to pay maintenance, which is a prerequisite under Section 125/144.
7. Sender's financial needs: A breakdown of monthly expenses including rent, food, clothing, education (for children), medical expenses, and other necessities. This establishes the amount of maintenance required.
8. Legal basis: Reference the applicable provisions — Section 125 CrPC / Section 144 BNSS, the relevant personal law provisions (Section 18/20 HAMA, Section 24/25 HMA, etc.), and the DV Act provisions if applicable.
9. Specific demand: State the monthly maintenance amount demanded for the wife and for each child separately. Also demand arrears if maintenance has been unpaid for a period.
10. Deadline and consequences: Demand that the respondent begin paying the specified maintenance within 15 days, failing which a maintenance petition will be filed before the Magistrate.

Step-by-Step Process for Sending a Maintenance Notice

1. Consult a family law advocate: Discuss your situation and understand which legal provisions apply. Your advocate can assess whether to proceed under Section 125 CrPC, personal law provisions, or the DV Act — or a combination.
2. Gather financial documents: Collect evidence of the respondent's income and assets (salary slips, ITR, business records, property documents, vehicle registration, bank statements) and your own expenses (rent receipts, school fee receipts, medical bills, grocery expenses).
3. Determine the maintenance amount: With your advocate's guidance, calculate a reasonable maintenance amount based on the respondent's income, your needs, the standard of living during the marriage, and the children's educational and medical requirements.
4. Draft the legal notice: Your advocate (or OpenVakil) drafts a comprehensive notice incorporating all essential elements and citing the correct legal provisions.
5. Dispatch via registered post with AD: Send the notice to the respondent's residential and office address via RPAD. Retain postal receipts.
6. Wait for the response period: Allow 15 to 30 days for the respondent to respond, negotiate, or begin payment.
7. If no satisfactory response, file a maintenance petition: Approach the Magistrate's court with the maintenance petition, supported by the legal notice, evidence of income and expenses, and your affidavit.

How Maintenance Amount Is Calculated

There is no fixed formula for calculating maintenance in India. However, the Supreme Court in Rajnesh v. Neha (2021) laid down comprehensive guidelines. Courts consider the following factors:

• Income and assets of the respondent: The husband's salary, business income, rental income, investments, and any other source of income. Courts may impute income if the husband is deliberately suppressing his earnings.
• Income and assets of the claimant: If the wife is employed, her income is taken into account. However, the husband's obligation is not extinguished merely because the wife earns — the court considers whether her income is sufficient for her standard of living.
• Standard of living during the marriage: The wife is entitled to a standard of living as close as possible to what she enjoyed during the marriage.
• Number and age of children: Each child's educational expenses, medical needs, and general upbringing costs are considered separately.
• Reasonable needs of the claimant: Rent, food, clothing, medical expenses, education, transport, and other necessities.
• Liabilities of the respondent: Existing financial obligations such as loans, maintenance payments to other dependents, or health-related expenses are considered.
• Duration of the marriage: Longer marriages may result in higher maintenance, as the wife's contribution to the household and sacrifice of career opportunities are given greater weight.

Interim Maintenance: Getting Support During Proceedings

Interim maintenance is a temporary maintenance order passed by the court during the pendency of the maintenance petition to ensure that the claimant is not left without support while the case is being heard. It is critical because maintenance proceedings, despite being summary in nature, can take months or even years to conclude.

• Under Section 144 BNSS: The Magistrate may order interim maintenance to be paid within 60 days of the interim order. This is a significant improvement over the earlier CrPC provision.
• Under Section 24 Hindu Marriage Act: Either spouse can apply for maintenance pendente lite (during the pendency of matrimonial proceedings) along with litigation expenses.
• Under the DV Act: The Magistrate can grant monetary relief, including interim maintenance, at the first hearing itself.
• Quantum of interim maintenance: The court typically grants interim maintenance based on a prima facie assessment of the parties' incomes and the claimant's needs, without detailed evidence examination. The amount may be adjusted in the final order.

What Happens After Sending the Notice?

• Respondent agrees to pay: The best outcome. The respondent may agree to the demanded amount or propose a different amount. If terms are agreed, document them in a written agreement.
• Negotiation and settlement: The notice often triggers negotiation. The advocates may discuss and arrive at a maintenance amount acceptable to both parties, possibly as part of a broader settlement covering divorce, custody, and property.
• Respondent sends a reply denying liability: The respondent may deny the ability to pay, contest the claimed amount, or raise defences. This reply reveals their position and helps you prepare for court proceedings.
• No response: If the respondent ignores the notice, proceed with filing the maintenance petition. The court will view the non-response unfavourably.
• Respondent continues to default: If the respondent acknowledges the obligation but still does not pay, file the petition immediately and seek interim maintenance from the court.

Enforcement of Maintenance Orders

One of the biggest challenges in maintenance cases is enforcement — getting the respondent to actually pay the ordered amount. Indian law provides strong enforcement mechanisms:

• Imprisonment for default: Under Section 125(3) CrPC / Section 144(5) BNSS, if the respondent fails to pay maintenance without sufficient cause, the Magistrate may issue a warrant for arrest and sentence the defaulter to imprisonment of up to one month for each month of default. This is a powerful deterrent.
• Attachment of salary: The court can direct the respondent's employer to deduct the maintenance amount from the respondent's salary and pay it directly to the claimant.
• Attachment of property: The court can attach the respondent's property (bank accounts, movable and immovable property) to recover arrears of maintenance.
• Contempt proceedings: If the respondent wilfully disobeys the maintenance order, contempt proceedings may be initiated.

Common Mistakes to Avoid

1. Not documenting the husband's income and assets: The strength of your maintenance claim depends on proving the respondent's financial capacity. Gather evidence — salary slips, ITR filings, property records, social media posts showing lifestyle — before sending the notice.
2. Claiming an unrealistic amount: While you should not understate your needs, claiming an amount that is clearly disproportionate to the respondent's income will not be taken seriously by the court and may delay proceedings.
3. Not claiming maintenance for children separately: The wife's maintenance and each child's maintenance should be claimed as separate amounts. Courts award maintenance for each dependant independently.
4. Waiting too long to send the notice: The longer you wait, the longer you go without maintenance. Send the notice as soon as the obligation arises or as soon as the respondent stops providing support.
5. Not choosing the right forum: You can claim maintenance under Section 125 CrPC, personal law, the HMA, or the DV Act. Each has different advantages. Consult your lawyer on the most advantageous forum.
6. Ignoring interim maintenance: Always apply for interim maintenance when filing the petition. This ensures you receive support while the main case is being heard.
7. Not following up on enforcement: If a maintenance order is passed but the respondent does not pay, immediately apply for enforcement. Do not wait and accumulate arrears indefinitely without taking action.
8. Not disclosing your own income: Courts require both parties to disclose their income. Concealing your income or assets can undermine your credibility and affect the maintenance amount.

How OpenVakil Helps

Claiming maintenance should not be a complicated or expensive process. OpenVakil simplifies the process of drafting a professional maintenance legal notice, ensuring that your rights are asserted clearly and effectively.

• AI-powered drafting: Answer questions about your marriage, your financial situation, the respondent's income, and your children's needs. OpenVakil generates a comprehensive legal notice citing the correct provisions — Section 125 CrPC / Section 144 BNSS, personal law provisions, or DV Act provisions as applicable.
• Correct legal framework: OpenVakil identifies the most advantageous legal provisions based on your situation — whether to cite Section 125, the Hindu Adoptions and Maintenance Act, the DV Act, or a combination.
• Detailed financial breakdown: Your notice will include a clear breakdown of your monthly expenses and needs, making a strong case for the maintenance amount demanded.
• Professional, court-ready language: The notice is drafted in formal legal language that commands attention and demonstrates the seriousness of your claim.
• Fast and affordable: Receive your draft notice in minutes at a fraction of traditional legal costs. Time is critical — every month of delay is a month without maintenance.
• Covers wife and child maintenance: Whether you are claiming maintenance for yourself, your children, or both, the notice addresses each claim separately with the correct legal basis.