How does a court actually decide the maintenance amount?

By Advocate Rahman · 24 August 2026 · 7 min read

In short

There is no fixed formula and no statutory percentage. A court sets maintenance by weighing what the person claiming genuinely needs against what the other party can genuinely pay — looking at income and earning capacity, the standard of living during the marriage, liabilities, and who else depends on that income. Since the Supreme Court’s directions in Rajnesh v. Neha (2020), both sides file affidavits disclosing assets and liabilities, which is what moved these cases from assertion towards evidence.

The short version

No fixed percentage of salary — figures quoted as rules of thumb are not law.
Both parties file affidavits of assets and liabilities; incomplete disclosure damages the party who made it.
Earning capacity matters, not only income actually shown — a sudden drop in declared income is a familiar pattern to any family court.
The standard of living during the marriage is part of the assessment.
Interim maintenance can be ordered while the case runs; it is not the final figure.
Documents beat adjectives: bank statements, salary slips, tax returns, rent receipts, school fees.

What does the court actually look at?#

The exercise is comparative. Not "what does maintenance usually cost", but "what does this person reasonably need, and what can this other person reasonably pay".

On the claimant’s side	On the paying side
Reasonable needs — housing, food, medical, children’s education	Income actually earned, and capacity to earn
Standard of living during the marriage	Liabilities that are genuine, not arranged
Own income or earning capacity, if any	Other dependants with a real claim on the income
Whether children live with them	Assets, not only salary

Earning capacity, not just payslips

A qualified person who has stopped working, or an income that falls sharply once proceedings begin, is a pattern courts see constantly. Capacity to earn is part of the assessment, which is why the disclosure affidavits matter so much.

What is the affidavit of assets and liabilities?#

Following the Supreme Court’s directions in Rajnesh v. Neha (2020), both parties file a sworn statement setting out income, assets and liabilities. It is now the backbone of a maintenance case.

It applies to both sides. The person claiming discloses too.
It is on oath. A disclosure that is later contradicted by the record does more damage than the amount ever saved.
It shifts the argument to documents. Bank statements, returns and salary records decide far more of these cases than argument does.

What makes a claim credible?#

A worked-out figure. Rent, school fees, medical costs, utilities, transport — itemised, with proof. A round number asked for without a breakdown invites a round number in reply.
Evidence of the other side’s position. Salary particulars, business records, property, vehicles, lifestyle that is documented rather than described.
Consistency. A claim that matches the bank record is worth more than one that exceeds it.
Honesty about your own income. Concealment discovered later costs the case more than the concealed amount.

What if an order is made and not obeyed?#

A maintenance order is enforceable, and the law provides means of recovering arrears. Practically, the earlier non-payment is brought back to the court the better — arrears allowed to build over years are harder to recover and harder to explain having tolerated.

Questions people ask

Is maintenance a fixed percentage of income?

No. Percentages circulate as rules of thumb and are sometimes referred to as a starting point, but there is no statutory percentage. The amount is arrived at on the facts — needs on one side, capacity on the other.

Can a working woman claim maintenance?

Employment does not automatically end a claim. Her income is part of the assessment, and the question remains whether what she earns meets her reasonable needs measured against the standard of living during the marriage.

What is interim maintenance?

An amount ordered while the case is pending, so the claimant is not left without support during proceedings that take time. It is not the final determination.

What if he says he has no income?

Courts examine capacity to earn as well as declared income, and the disclosure affidavit is designed for exactly this. An abrupt fall in income once proceedings begin is a familiar pattern and is treated as such.

Which court decides maintenance?

It depends on the provision invoked — there are several routes, and they can overlap, which is one of the issues Rajnesh v. Neha addressed. Which is right for a given situation is worth settling before filing.

Where this comes from

Rajnesh v. Neha (2020) — Supreme Court, on maintenance criteria and disclosure affidavits
Bharatiya Nagarik Suraksha Sanhita, 2023 — s.144 (old s.125 CrPC)
Hindu Marriage Act, 1955 — ss.24 and 25
Protection of Women from Domestic Violence Act, 2005 — s.20

Law stated as at 24 August 2026. Legal positions change; this is general information, not advice on your facts.

Advocate Rahman Enrolled advocate, Bar Council of Tamil Nadu & Puducherry. Practises at the Madras High Court in property and money recovery, family and tenancy matters. Writes and reviews everything published here. About the advocate →