Alimony & Maintenance in India – Who Can Claim and What Courts Consider
When a marriage faces difficulties or ends in separation, it is not just an emotional struggle but also a financial one. Many individuals, especially women, children, and elderly parents, are left wondering how they will support themselves once the relationship breaks down. This is where the concept of alimony and maintenance under Indian law becomes crucial. Maintenance is not a matter of charity; it is a legal right . The law ensures that no dependent family member, whether a spouse, child, or parent, is left without means of survival or deprived of the lifestyle they were accustomed to during the marriage. It acts as a financial safeguard, protecting vulnerable family members from destitution and imbalance of power. The legal foundation of maintenance in India comes from multiple sources. The most widely applicable provision is Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , which provides a speedy and effective remedy to wives, children, and parents who a...