Maintenance judgments by Enactment
Maintenance and Alimony Judgments under Hindu Marriage Act 1955 here.
Maintenance Judgments under Hindu Adoptions and Maintenance Act 1956 here.
Maintenance Judgments under Section 125 CrPC [Section 144 BNSS] here.
Maintenance Judgments under Protection of Women from Domestic Violence Act, 2005 here.
Maintenance for Limited Time Period here.
Maintenance after Mutual Consent Divorce here.
Agreements against Public Policy are Void here.
A SPECIAL FOCUS ON IMPLEMENTATION OF Rajnesh Vs Neha AFFIDAVIT
A 2-judge bench of Supreme Court passed guidelines in Rajnesh Vs Neha on how to handle multiple maintenance litigation here.
- Telangana High Court gave a wonderful order here, confirming that any order passed by Trial Courts, without calling for the Income affidavits is void ab initio and therefore is liable to set aside and matters will be remanded back to the same Trial Courts for fresh adjudication.
- Then another 2-judge bench of Apex Court has to Order re-circulation of above judgment in Aditi Sharma Vs Jitesh Sharma, because the Trial Court Judges stopped following Supreme Court judgement here. Exactly after 3 long years!!!
- There are other High Courts which set aside the trial Court orders for the singular reason that they did not follow Rajnesh Vs Neha. Check them out here.
- Calcutta HC in Nripendra Chandra Mahanta Vs Pramila Mahanta on 08 Feb 2023
- Allahabad HC in Parul Tyagi Vs Gaurav Tyagi on 04 Aug 2023
- Telangana HC in Chinta Vamshi Vs State of Telangana and Anr on 16 Oct 2023
- Kerala HC in Rijas MT Vs Hafseena M on 15 Nov 2023
- Patna HC in Gitanjali Devi Vs State of Bihar and Anr on 02 Dec 2023
- Karnataka HC in Darshanik M M Vs Poornima A on 04 Dec 2023
- MP HC in Balram Dixit Vs Kiran Dixit and Anr on 17 Jan 2024
- It seems AP High Court is hell bent not to follow Rajnesh Vs Neha… and passed this perverse order here with a trivial reason. Karma!
- AP HC following my success story in Sreekanth Vs Nalini in Meegada Venu Gopala Rao Vs Meegada Usha Rani and Ors on 10 Jul 2024. Happy!!!
- AP HC in Kalavakuru Srinivas Kumar Reddy Vs Kalavakuru @ Revuru Sujatha and Ors on 05 Feb 2025 [My client’s case]
- Orissa HC in Nabaghana Sahoo Vs Smruti Prava Sahoo and Anr on 11 Feb 2025 [neither of the parties has filed the disclosure affidavit as mandated in Rajnesh]
- Kerala HC in Ratheesh Vs Sreelakshmi and Ors on 14 Mar 2025 (Even to dispose Interim Maintenance Applications, call for affidavits)
- Patna HC in Ravi Prakash Saxena Vs Priyanka Rani on 04 Sep 2025 [Remanded case back to the same Trial Courts for fresh adjudication]
- Madras HC in N.Santhosh Kumar Vs S.Priyadarshini on 25 Oct 2025 [Lied on the Income Affidavit, so interim maintenance reduced]
A 2-judge bench of Supreme Court recorded the various observations of the Delhi High Court in Parvin Kumar Jain Vs Anju Jain here, where by Delhi High Court flagged the following tendencies of parties in filing their Income Affidavits.
- Instances of the appellant’s deliberate attempts to mislead the judicial process
- Withheld critical financial documents
- Selectively disclosed information to conceal the full extent of his wealth
- False representations by the appellant regarding his property and income
- Demonstrated a pattern of deliberate suppression of material facts and assets
- Allahabad HC in Atul Kumar Bajpai Vs State of UP and Anr on 17 Sep 2025 held that Perjury applications alleging false evidence/affidavit must be first Disposed
MASTER SITEMAP here.
Frequently Asked Questions (FAQs) – Maintenance Law & Judgments in India
Maintenance refers to financial support provided by one person to another who is unable to maintain themselves, typically in matrimonial or family relationships. Under Section 125 of the Criminal Procedure Code (CrPC), courts can order a person with sufficient means to provide maintenance to his wife, children, or parents if he neglects or refuses to support them.
The following persons can seek maintenance under the law:
- Wife, including a divorced woman who has not remarried
- Minor children unable to maintain themselves
- Adult children suffering from disability or illness
- Parents who cannot support themselves
The objective of the provision is to prevent destitution and vagrancy by ensuring financial support for dependents.
To claim maintenance, the applicant generally needs to show:
- A valid marital or legal relationship
- Neglect or refusal to maintain by the respondent
- The applicant is unable to maintain themselves
- The respondent has sufficient financial means
Courts evaluate these factors based on evidence and circumstances of each case.
Yes. Courts have clarified that mere qualification or ability to earn is not enough to deny maintenance. What matters is whether the person is actually earning enough to maintain a reasonable standard of living comparable to that enjoyed during the marriage.
Courts determine the quantum of maintenance based on several factors, including:
- Income and financial capacity of the respondent
- Lifestyle and standard of living during marriage
- Needs of the claimant and dependents
- Educational and employment status of the parties
- Reasonable expenses for food, clothing, and shelter
The goal is to ensure the dependent spouse can maintain a dignified standard of living.
Yes. Courts can grant interim maintenance to provide immediate financial support during ongoing proceedings. Applications for interim maintenance are expected to be decided expeditiously, ensuring the claimant is not left without support while the case continues.
Maintenance may be refused if the wife:
- Is living in adultery
- Refuses to live with her husband without sufficient reason
- Lives separately by mutual consent
- Has sufficient independent income to maintain herself
These exceptions are provided under Section 125(4) CrPC.
Yes. Under Section 125 CrPC, parents who are unable to maintain themselves have the legal right to claim maintenance from their children. Courts treat this obligation as a moral and legal duty of children toward their parents.
Yes. A divorced wife who has not remarried can claim maintenance if she cannot support herself. Courts have repeatedly recognized that divorce does not extinguish the right to maintenance where financial dependence continues.
Courts increasingly require both parties to file affidavits disclosing income, assets, and liabilities, including bank statements, tax returns, and property details. This ensures fair determination of maintenance and prevents concealment of income.
Maintenance provisions are social welfare measures intended to prevent financial hardship and ensure that dependents such as spouses, children, and parents are not left destitute due to neglect or abandonment.
Yes. With the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the provision corresponding to Section 125 CrPC has been incorporated as Section 144 BNSS, while retaining the same core principles governing maintenance claims.
