How is maintenance calculated in Ayodhya Family Court?

The Family Court typically awards 25% of the husband's net income as maintenance, considering the wife's needs and the husband's financial status.

Can a working wife claim maintenance under 144 BNSS?

Yes, if her income is insufficient to maintain the same standard of living she enjoyed during the marriage, she can claim different maintenance.

What is the time limit for maintenance cases in Ayodhya?

As per the Supreme Court guidelines (Rajnesh vs Neha), maintenance cases should be decided within 60 days of notice, though practical timelines vary.

Maintenance Lawyer Ayodhya | Alimony & Section 144 BNSS

THE PROCESS

Maintenance Litigation Journey

A structured 5-step legal path from filing a petition to securing your maintenance order.

STEP 01

Legal Notice

Formal demand notice for maintenance to establish Cause of Action.

STEP 02

Court Filing

Filing Petition under Sec 144 BNSS or DV Act in Family Court.

STEP 03

Mediation

Mandatory counseling session to attempt Amicable Settlement.

STEP 04

Evidence

Income Affidavits (Rajnesh vs Neha) and Cross-Examination.

STEP 05

Order & execution

Final Decree and Recovery Proceedings for arrears.

Statutory Intelligence

Economic Rights Secured by Law

Under modern laws like Section 144 BNSS, the Indian legal system ensures that no spouse or child is left without financial support. We meticulously enforce these statutory benchmarks to secure your financial dignity.

Right to Residence

Statutory protection against illegal eviction from the shared household.

Interim Relief

Immediate financial support granted while the litigation is ongoing.

Child Welfare

Unrestricted financial support for the minor children's education and needs.

Litigation Costs

Legal recovery of professional lawyer fees and court expenses from the respondent.

(Judicial Benchmarks)

Types of Maintenance

Under Indian Law, maintenance is not just a periodic payment; it is a statutory right to ensure the dignity and survival of dependents.

Interim Support

Pendente Lite

Awarded during the pendency of the matrimonial case. Its primary purpose is to ensure that the spouse with no source of income is not reduced to vagrancy while the trial proceeds. Our Ayodhya team ensures quick disposal of interim applications.

Under Section 144 BNSS (Formerly 125 CrPC) & Sec 24 HMA.
Includes daily living expenses and litigation costs recovery.

Permanent Alimony

Final Settlement

This is the final financial settlement awarded at the time of the final divorce decree. It can be a one-time lump sum or a lifetime monthly payment based on the respondent's status and standard of living during the marriage.

Awarded under Sec 25 Hindu Marriage Act at the time of decree.
Binding order for long-term financial security of the spouse.

Child Support

Welfare Primary

Children have an absolute right to maintenance regardless of any agreement between parents. This includes education, medical care, and daily sustenance. Minor children and unmarried daughters have prioritized claims in family courts.

Covers private school fees, medical emergencies, and lifestyle.
Extends to major children who are disabled or unable to maintain self.

Parental Maintenance

Senior Citizens Act

Protection for elderly parents under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. We ensure that senior citizens receive the financial support and care they are legally entitled to.

Rights over shared residence and protection from abandonment.
Statutory protection against eviction by children or relatives.

(Eligibility Protocol)

Who Can Claim Maintenance?

Statutory provisions in India empower multiple categories of dependents to seek financial protection from the earning members of the family.

Legally Wedded Wife

Primary Rights

Every wife (Hindu, Muslim, or Other) has a right to be maintained if she cannot support herself. Ayodhya Family Court allows claims under Section 144 BNSS.

Right to Residence
Shared Household Access

Divorced Wife

Alimony Protection

A divorced wife remains entitled to maintenance until she remarries. We help secure Permanent Alimony to secure her financial future permanently.

One-time Settlements
Post-Divorce Support

Minor Children

Absolute Right

Both legitimate and Illegitimate children have an absolute right to maintenance from their father until they reach the age of majority.

Educational Costs
Marriage Expenses

Disabled Major Child

Special Care

A child who has attained majority but is unable to maintain themselves due to any physical or mental abnormality is legally entitled to lifetime support.

Medical Care Allowance
Lifetime Guardianship

Aged Parents

Social Security

Either parent (father or mother) who is unable to maintain themselves from their own income can claim maintenance from their earning adult children.

Monthly Pension Right
Eviction Orders

Dependent Spouse

Litigation Support

Under Hindu Marriage Act (Sec 24), a Helpless Husband can also claim maintenance if the wife is earning well and he has no independent income.

Lawyer Fee Recovery
Gender Neutral Laws

(Decision Criteria)

Grounds Considered by the Court

When determining the quantum of maintenance, the Family Courts in Ayodhya apply a multifaceted evaluation of the parties' socio-economic status.

Financial Capacity & Assets

The court assesses the net income, tangible assets, and earning potential of both parties. This includes business profits, rental income, and investments beyond just basic salary.

Standard of Living

Maintenance is aimed at ensuring the dependent can maintain the same level of comfort and lifestyle they enjoyed during the subsistence of the marriage.

Reasonable Needs of Claimant

Calculating the essential recurring costs including housing (rent/repairs), high-quality nutrition, appropriate clothing, and necessary medical care for the claimant.

Dependents & Liabilities

Judges consider the respondent's other legal obligations, such as maintenance for aged parents, children from other unions, and existing EMI or loan commitments.

Conduct Under Law

The behavior of the parties, including allegations of cruelty, desertion without cause, or adultery, can significantly influence the final award of maintenance.

Documentary Proof of Earnings

The burden of proof lies on providing authentic documents like ITR filings, bank account statements, property sale deeds, and salary slips to substantiate claims.

Litigation Roadmap

Proceedings We Assist In

From initial petition filing to final recovery of arrears, we provide end-to-end strategic legal support in Ayodhya Family Courts.

Maintenance Petition

Drafting & Filing

Drafting comprehensive petitions under BNSS 144, HMA 24, or DV Act, ensuring all legal grounds and financial claims are effectively articulated.

Reply & Objections

Respondent Defense

Representing respondents to file strong objections, challenging exaggerated claims, and proving existing liabilities for a fair outcome.

Income Affidavit

Mandatory Disclosure

Preparation of Assets and Liabilities Affidavits as mandated by the Supreme Court (Rajnesh v. Neha) to substantiate financial standing.

Evidence & Cross

Trial Stage

Strategic cross-examination of the opposing party to uncover hidden income sources and verify the authenticity of financial disclosures.

Arrears Recovery

Execution Orders

Initiating execution proceedings for recovery of unpaid maintenance, including attachment of salary or property of the defaulter.

Modification App.

Quantum Adjustment

Filing for increase or decrease of maintenance amount due to changed circumstances like job loss, illness, or remarriage.

Statutory Intelligence

Applicable Legal Arsenal

A multi-layered legal framework ensures that no dependent is left without financial protection.

BNSS Sec 144

The modern successor to Sec 125 CrPC. A secular, speedy remedy for wives, children, and parents regardless of religion.

DV Act, 2005

Domestic Violence Act provides comprehensive relief including monetary compensation, residence, and protection orders.

HMA, 1955

Covers both Interim Maintenance (Sec 24) during litigation and Permanent Alimony (Sec 25) at decree.

HAMA, 1956

Hindu Adoptions & Maintenance Act provides specific separate maintenance rights for wives without seeking divorce (Sec 18).

SMA, 1954

Special Marriage Act provisions (Sec 36-37) govern alimony for participants of inter-faith or civil marriages.

Muslim Act, 1986

Specifically protects the rights of divorced Muslim women, ensuring fair and reasonable provision within the Iddat period.

Procedural Intelligence

Territorial Jurisdiction

Selecting the optimal court forum is vital for accessibility and execution efficiency.

Wife's Residence

Under BNSS Section 144 (formerly 125 CrPC), a wife can file for maintenance in the court within whose jurisdiction she currently resides—a major legal advantage for displaced spouses.

Last Cohabitation

Petitions can be filed where the parties last resided together as husband and wife. This is often used when the matrimonial home was established in a specific city like Ayodhya.

Respondent's Abode

The suit can always be initiated where the Respondent (Husband/Parent) resides or works. This facilitates easier service of summons and faster execution of orders.

Respondent Advocacy

Strategic Defense Matrix

Protection against inflated claims, hidden income suppression, and legal misuse.

Adultery Grounds

Under Sec 125(4), a spouse living in adultery is disqualified. We help establish digital and forensic proof for court.

Unjustified Desertion

Proving that the spouse left the matrimonial home without sufficient reason, thereby voiding the maintenance claim.

Earning Capacity

Demonstrating the spouse's professional qualifications, previous work history, and current potential to earn independently.

Post-Order Litigation

Modification &
Enhancement

Maintenance orders are not static. Either party may approach the court for modification if substantial **changes in circumstances** occur after the final decree.

Income Fluctuation

Loss of Employment

Custody Changes

Medical Condition

Remarriage (Subject to Law)

Request
Review

Case Readiness

Essential Documentation

Solid evidence is the foundation of a successful claim. Use this checklist to organize your case files before filing.

Verified Checklist

Marriage Proof

Original Marriage Certificate, clear Wedding Photographs, or a notarized Marriage Affidavit.

Identity & Address

Aadhar Card, PAN Card, and verified Address Proof (Voter ID/Passport) of the claimant.

Income Data

Company Salary Slips, ITR filings (Form 16), and 6 months of active Bank Statements.

Expense Portfolio

Rent receipts, Children's school fee slips, and critical Medical bills/records.

Proof of Separation

Notarized Separation Deeds, Legal Notices, or evidence of separate living arrangements.

Court Records

Certified copies of any previous court orders, police FIRs, or pending litigation details.

All documents must be clear and legible. Originals may be required during the verification stage in Court.

Procedural Excellence

LEGAL WARNING

Critical Mistakes to Avoid

Small errors at the filing stage can lead to years of delay or dismissal of cases.

Suppressing Income

The Supreme Court (Rajnesh v. Neha) mandates full disclosure. Hiding income leads to perjury charges and unfavorable orders.

Delay in Filing

Wait too long, and you lose months of arrears. Maintenance is usually awarded from the date of application, not separated.

Ignoring Affidavits

Incomplete 'Assets and Liabilities' affidavits allow the other party to challenge your credibility easily in court.

Frequently Asked Questions

How is maintenance calculated?

There is no fixed mathematical formula, but courts generally follow the 25% rule for the husband's net salary. Key factors include the **standard of living** enjoyed during marriage, the husband's actual earning capacity, his other legal liabilities (like dependent parents), and the reasonable needs of the wife and children.

Can a working wife claim maintenance?

Yes. The mere fact that a wife is earning doesn't disqualify her. If her income is significantly lower than her husband's or insufficient to maintain the **same standard of living** she had in her matrimonial home, the court can award "top-up" maintenance.

What happens if the husband refuses to pay?

If an order is violated, we file an **Execution Petition**. The court has the power to issue arrest warrants, attach his bank accounts, or even order his employer to deduct the maintenance amount directly from his salary. Non-payment can lead to civil imprisonment.

Does maintenance stop after divorce?

No. Under Section 144 BNSS (formerly 125 CrPC) and HMA Section 25, a divorced wife is entitled to maintenance until she **remarries** or leads an immoral life. Child maintenance continues until they reach the age of majority (18 years) or, in the case of daughters, until they are married.