---
title: "Maintenance in Tamil Nadu · Vakyl Rahman"
description: "Which of the four maintenance remedies applies to you, why maintenance now runs from the date you apply rather than the date of the order, and the affidavit of assets both sides must file."
url: https://vakyl.in/practice/maintenance/
---

# Maintenance in Tamil Nadu

In short

Maintenance is financial support ordered by a court for a spouse, a child or a parent who cannot support themselves. There are **four separate routes** in Indian law and they overlap: section 144 of the BNSS (the old section 125 CrPC), sections 24 and 25 of the Hindu Marriage Act, section 18 of the Hindu Adoptions and Maintenance Act, and section 20 of the Domestic Violence Act. The rules that now govern all of them come from the Supreme Court in ***Rajnesh v. Neha* (2020)**, which made two things binding: **both parties must file an Affidavit of Disclosure of Assets and Liabilities**, and maintenance is ordinarily awarded **from the date of the application**, not the date of the order. That second rule matters enormously, because these proceedings take time and the arrears accumulate throughout.

## Does this apply to you?

You are a wife — including a divorced wife who has not remarried — and you cannot maintain yourself. You are a child, legitimate or not, and a parent is not supporting you. You are an elderly parent whose children will not support you. It also applies if you are the person being asked to pay and the amount claimed bears no relation to what you actually earn.

## What does the law say?

| Provision | Law | What it means for you |
| --- | --- | --- |
| Rajnesh v. Neha (2020) | The judgment that governs all of them | The Supreme Court laid down uniform directions: an **Affidavit of Disclosure of Assets and Liabilities from both parties** in every maintenance proceeding; maintenance ordinarily **from the date of the application**; disclosure and adjustment of maintenance awarded in any other proceeding; and enforcement under section 28A HMA, section 20(6) DV Act and section 128 CrPC. |
| Section 144, BNSS 2023 (old s.125 CrPC) | The quick, secular remedy | Available to a wife (including one divorced and not remarried), minor children, adult children unable to maintain themselves through disability, and parents. Applies whatever the religion of the parties. Heard by a Magistrate, and generally the fastest route to an order. |
| Sections 24–25, Hindu Marriage Act 1955 | While a matrimonial case is running | Section 24 gives **maintenance pendente lite** and expenses of the proceedings to either spouse who has no independent income sufficient for support. Section 25 gives **permanent alimony** at the time of, or after, the decree — and it can be varied later if circumstances change. |
| Section 18, Hindu Adoptions and Maintenance Act 1956 | A right without a pending case | A Hindu wife is entitled to be maintained by her husband during her lifetime, and to live separately without forfeiting the claim on specified grounds — including desertion, cruelty, and his keeping a concubine. Section 20 covers children and aged parents. |
| Section 20, Protection of Women from Domestic Violence Act 2005 | Monetary relief, quickly | Where domestic violence is alleged, the Magistrate may order monetary relief for expenses and losses, including maintenance, in addition to or alongside section 144 BNSS. Often the fastest route where safety is also in issue. |

## What happens, stage by stage?

1. **Choose the right proceeding, or more than one** They are not mutually exclusive, but any amount already awarded must be disclosed and will be adjusted. Which to use depends on whether a divorce is pending, whether there is violence, and how quickly interim support is needed.
2. **Assemble proof of what the other side earns** This is the whole battle. Salary slips, Form 16, income-tax returns, bank statements, GST filings, property records, vehicle registration, credit-card spending, lifestyle evidence.
3. **Affidavit of Assets and Liabilities** Required of both parties under Rajnesh, in the format the judgment annexes. Filed at the outset. A false or evasive affidavit has real consequences and is the fastest way to lose credibility.
4. **File — and ask for interim maintenance at once** Interim maintenance is decided on affidavits long before the final order. Applying late costs money that is not recoverable, because arrears run from the application, not from the separation.
5. **The other side responds** Expect income to be understated. Cross-examination on the affidavit, and documents summoned from employers, banks or the income-tax department, are how that is met.
6. **Interim order** A working figure while the case runs. Rajnesh directs that these applications be decided within a limited period, and delay is itself a ground to press.
7. **Final order, and enforcement** If maintenance is not paid, arrears can be recovered as a fine, by attachment of salary or property, and by warrant. Non-payment is not a passive option.

## What documents do you need?

- Marriage proof — certificate, invitation, photographs
- Birth certificates of the children, and school fee records
- Your own income proof, or evidence that you have none
- The other side's salary slips, Form 16 and income-tax returns, if you can get them
- Bank statements, both sides
- Property documents, vehicle registration, loan and credit statements
- Medical records where health affects earning capacity or need
- Rent receipts and household expense records

## How much does it cost, and how long does it take?

|  |  |
| --- | --- |
| Runs from | Date of application |
| Affidavit of assets | Mandatory, both sides |
| Interim order | Months, not years |
| Enforcement | Attachment, warrant |

## Questions people ask

### How is the amount actually decided?

There is no formula in the statute. Courts weigh the standard of living in the matrimonial home, the reasonable needs of the applicant and the children, the paying party's income and their own obligations, liabilities such as genuine loans, and the applicant's own earning capacity. A commonly used working range is around a quarter of net income for a spouse, but it is a starting point rather than a rule, and it moves considerably with the facts.

### What is the Affidavit of Disclosure and do I really have to file it?

Yes — *Rajnesh* made it mandatory in every maintenance proceeding across the country, and the format is annexed to the judgment. It sets out income, assets, liabilities and expenses on oath. Filing an evasive one is a false affidavit, and courts have drawn adverse inferences and imposed costs. It is also your best lever: it obliges the other side to commit to figures they must then stand behind.

### Can a husband claim maintenance from his wife?

Under sections 24 and 25 of the Hindu Marriage Act, yes — those provisions are worded neutrally and apply to either spouse. Section 144 BNSS is not: it is available to a wife, children and parents, not to a husband.

### How long does it take to get an order?

Interim maintenance is the realistic first target and is usually decided in months rather than years, on affidavits. A final order under the Hindu Marriage Act typically comes with the main matter. Section 144 BNSS is generally the quickest route to something enforceable.

### Does maintenance stop if I remarry?

For a divorced wife under section 144 BNSS, remarriage ends the entitlement. Permanent alimony under section 25 of the Hindu Marriage Act can be varied or rescinded if the recipient remarries or is not chaste, on application. Maintenance for children is unaffected by what either parent does — it belongs to the child.

### The children live with me. Is their maintenance separate from mine?

Yes, and it should be claimed separately and quantified separately. A child's right to be maintained is independent of the dispute between the parents, it survives the divorce, and it is not defeated by conduct alleged against the parent who has custody.

### What if he simply does not turn up to court?

The court can proceed ex parte and pass an order. Under section 144 BNSS a Magistrate may issue a warrant, and where a person avoids service deliberately, that avoidance tends to weigh against them when the amount is fixed.

### How much maintenance will a wife get — is there a 25% rule?

No rule, only a reference point. In *Kalyan Dey Chowdhury v. Rita Dey Chowdhury* (2017), a case about permanent alimony, the Supreme Court said that **25% of the husband’s net salary** would be "just and proper". It added in the same paragraph that maintenance "is always dependant on the factual situation of the case", and it **reduced** the award in that very case because the husband had remarried and had a child. Since *Rajnesh v. Neha* (2020), the amount comes from the **Affidavits of Disclosure** both sides must file: real income, liabilities, the standard of living in the marriage, the children’s needs and the wife’s own earning capacity. Courts treat 25% as a guide, not a starting entitlement.

### Can a wife claim maintenance without filing for divorce?

Yes. A divorce is not needed for any of the main routes. Under **section 144 BNSS** (old **section 125 CrPC**), a wife who cannot maintain herself can apply to the Magistrate while the marriage continues. That claim fails if she refuses to live with her husband without sufficient reason, or if they live apart by mutual consent. Under **section 18 of the Hindu Adoptions and Maintenance Act**, a Hindu wife is entitled to maintenance during the marriage and may live separately without losing it on grounds such as desertion or cruelty. Where there is domestic violence, **section 20 of the Domestic Violence Act** allows monetary relief. Whichever you use, disclose any other order.

## Which court hears it?

It depends on the route. A section 144 BNSS application goes to the Magistrate, and may be filed where you live — which matters, because a wife who has returned to her parents in Chennai need not travel to where the husband is. Sections 24 and 25 are decided by the court hearing the matrimonial case, which for Chennai is the Family Court. A Hindu Adoptions and Maintenance Act suit is a civil suit. A Domestic Violence application goes to the Magistrate. Where more than one is running, each must be told about the others.

Court pages: [Family Court, Chennai](https://vakyl.in/courts/family-court-chennai/)

## What do people get wrong?

Commonly believedShe has a job, so she gets nothing.

In factEmployment is a factor, not an answer. The test is whether the applicant can maintain herself **at a standard reasonably commensurate with the marital home** — not whether she can survive. A modest salary against a substantially higher-earning spouse does not defeat a claim, and courts routinely award maintenance to working wives.

Commonly believedMaintenance starts from the date the judge passes the order.

In factSince *Rajnesh*, it is ordinarily awarded **from the date of the application**. Given how long these matters take, that difference is frequently the largest single sum in the case — and it is a reason to apply early rather than wait for the position to become clearer.

Commonly believedI will show a low salary and the maintenance will be low.

In factCourts have long dealt with understated income. Where a person is deliberately concealing earnings or has voluntarily given up work, maintenance can be fixed on **earning capacity** rather than declared income, and the affidavit of assets is now mandatory and made on oath. Lifestyle evidence — the car, the school fees, the travel — is routinely used against the declared figure.

Commonly believedI got maintenance under the DV Act, so I cannot also claim under section 125.

In factThe proceedings are not barred by each other. What *Rajnesh* requires is **disclosure** of any existing order and **adjustment**, so that the same need is not paid for twice. You are entitled to pursue the remedy that fits; you are not entitled to double recovery.

Commonly believedHe has not paid for a year and there is nothing I can do.

In factThere is a good deal. Arrears are recoverable as a fine, salary can be attached at source, property can be attached and sold, and a warrant can issue. Persistent default is treated seriously — enforcement is the part most often left unused rather than the part that does not work.

## Where this comes from

- [Rajnesh v. Neha (2020) — Supreme Court guidelines on maintenance](https://indiankanoon.org/doc/181449639/)
- [Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy (2017) — the 25% reference point](https://indiankanoon.org/doc/87785076/)
- [Bharatiya Nagarik Suraksha Sanhita, 2023 — s.144 (old s.125 CrPC)](https://www.indiacode.nic.in/handle/123456789/20099)
- [Hindu Marriage Act, 1955 — ss.24, 25, 28A](https://www.indiacode.nic.in/bitstream/123456789/1560/1/a1955-25.pdf)
- [Hindu Adoptions and Maintenance Act, 1956 — ss.18, 20](https://www.indiacode.nic.in/bitstream/123456789/1638/1/A1956-78.pdf)
- [Protection of Women from Domestic Violence Act, 2005 — s.20](https://www.indiacode.nic.in/bitstream/123456789/15436/1/protection_of_women_from_domestic_violence_act%2C_2005.pdf)

Law stated as at 8 November 2026. General information, not advice on your facts.

**Reviewed by Advocate Abdul Rahman Usman** Bar Council of Tamil Nadu & Puducherry · Updated 8 November 2026

## Where these matters are heard

This guide applies to matters heard in Chennai. Which court hears yours depends on where the property, the marriage or the FIR is.

[Chennai](https://vakyl.in/areas/chennai/)

Which proceeding to bring, and how early, changes both the speed and the sum. If your situation needs advice specific to your facts, a paid consultation is available.

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