Maintenance & Alimony
Maintenance and alimony claims and defences — interim and permanent maintenance for spouses, children and parents under BNSS and personal laws.
- Estimate Cost
- ₹15,000 – ₹1,50,000
- Typical duration
- 90 days
Service overview
- Financial independence during or after marital separation is your absolute legal right
- Securing adequate monthly maintenance or a fair permanent alimony settlement ensures you and your children maintain your accustomed standard of living
- Conversely, if you face inflated, fabricated financial claims, you require protection against unjust demands
- WCP professionals fight to secure fair, enforceable maintenance orders or defend against financial exploitation
Who needs it? / When is it needed?
- Dependent Spouses: Requiring monthly interim maintenance during pending litigation, as well as a permanent alimony settlement.
- Parents Seeking Child Support: Requiring financial support for educational, medical, and living expenses for minor children.
- Earning Spouses Facing Inflated Demands: Seeking defense against unsupportable maintenance claims by demonstrating actual liabilities and the other spouse's earning capacity.
What to expect from the WCP Professionals
- Diagnose Financial Standing & Capacity: WCP professionals evaluate income levels, living standard history, dependent requirements, and existing maintenance claims across all applicable statutes (Section 144 BNSS, formerly Section 125 CrPC, HMA Section 24, DV Act).
- Audit Income & Assets Affidavits: Under the mandatory Rajnesh v. Neha Supreme Court guidelines, WCP professionals draft or challenge Income Affidavits, uncovering hidden income streams, corporate holdings, and undeclared assets.
- File & Fast-Track Interim Maintenance: The advocates present urgent petitions to secure fast-track interim monthly maintenance orders for living expenses, children's school fees, and legal costs while the main case progresses.
- Litigate Permanent Alimony & Settlements: WCP professionals fight for a fair permanent alimony figure during final divorce proceedings, factoring in inflation, long-term healthcare needs, and career sacrifices.
- Execute Attachment & Recovery Proceedings: If the paying spouse defaults on maintenance payments, WCP professionals file immediate execution petitions, obtaining salary attachment orders, bank account freezes, or arrest warrants to force payment.
- Final Clearance & Financial Closure: WCP professionals verify that all maintenance arrears are cleared, recurring payment channels established, and full compliance secured.
Key deliverables
- Drafted Petitions for Interim Maintenance, Permanent Alimony, and Child Support.
- Supreme Court-Compliant Affidavit of Assets and Liabilities.
- Financial Forensic Assessment Report of Opposing Party's Earning Capacity.
- Courtroom Representation in Family Court and Appellate Courts.
- Execution Petitions for Recovery of Unpaid Maintenance Arrears.
Standard turnaround time
- Interim Maintenance Application Filing: 3 to 5 working days.
- Interim Award Decision: 2 to 4 months.
- Final Alimony Determination: Concluded during final divorce decree.
Government fees, timelines & key outcomes
- Government Fees: Fixed Family Court nominal filing fees.
- Statutory Timelines: Courts aim to dispose of interim maintenance applications within 60 days of notice service.
- Key Outcomes: Binding monthly maintenance orders, secured child support structures, lump-sum permanent alimony decrees, or protection against unjust claims.
Forms & filings involved
- Petition for Maintenance under Section 125 CrPC
- Section 144 BNSS.
- Application for Interim Maintenance under Matrimonial Acts (e.g., Sec 24 Hindu Marriage Act).
- Mandatory Affidavit of Assets and Liabilities (Rajnesh v. Neha Framework).
Documents required
- Income Tax Returns (ITR) with Form 16/26AS for the last 3 years.
- Bank Statements for all active accounts for the last 12 to 24 months.
- Proof of Monthly Living Expenses, School Fees, Rent Receipts, and Medical Bills.
- Salary Slips
- Business Profit & Loss Statements.
- Asset Documents (Real estate, Mutual funds, Vehicle ownership).
What we need from you
- Full, unreserved disclosure of all individual bank accounts, tax filings, and assets.
- Evidence of monthly expenses and dependent requirements.
- Any available proof of the opposing spouse's undisclosed income or employment.
Important conditions
Undisclosed income or assets can materially affect the court's assessment
Additional information
Maintenance may be sought under more than one legal provision depending on the facts.
The estimated cost covers indicative professional fees only. Government fees, stamp duty and taxes are payable at actuals.
How it works
- 1. Raise a service enquiry describing your requirement.
- 2. A Relationship Manager reviews it and opens it for bidding.
- 3. Pay into escrow and assign the professional you select.
- 4. Track progress to completion, then accept and release payment.
Frequently asked questions
Under which laws can maintenance be claimed?
Section 144 of the BNSS (formerly Section 125 CrPC), the personal laws such as Sections 24 and 25 of the Hindu Marriage Act, and the Domestic Violence Act.
How is maintenance amount decided?
Courts consider both parties' income and assets, the standard of living, needs of the claimant and children, and liabilities, based on sworn affidavits of assets and income.
Can a husband claim maintenance?
Under Sections 24 and 25 of the Hindu Marriage Act, a husband without sufficient income can claim maintenance from the wife.
What if maintenance is not paid?
The court can issue recovery warrants, attach property or salary, and order imprisonment for wilful non-payment.