In short: a wife, children and dependent parents who cannot maintain themselves can claim monthly maintenance from the person responsible under Section 144 of the BNSS (earlier CrPC 125). A woman facing physical, emotional, sexual or economic abuse at home can apply under the Protection of Women from Domestic Violence Act, 2005 for protection orders, a right to stay in the shared home, and money. Both can be filed together, and interim relief can come quickly.
Maintenance
- BNSS Section 144 (earlier CrPC 125): for a wife, minor or disabled children and parents unable to maintain themselves. The magistrate fixes a monthly amount and can grant interim maintenance while the case runs.
- Hindu Adoptions and Maintenance Act and Section 24 of the Hindu Marriage Act: maintenance during a divorce case.
- Courts require both sides to file an affidavit of income, assets and liabilities, as directed by the Supreme Court in Rajnesh v. Neha (2020).
Relief under the Domestic Violence Act
- Protection order: stops the abuse and contact.
- Residence order: the right to live in the shared household, or alternative accommodation.
- Monetary relief: expenses, loss of earnings and maintenance.
- Custody order for children, and compensation for injuries and mental distress.
The application is filed before the magistrate, directly or through a Protection Officer. Immediate danger should be reported to the police (112), and cruelty by a husband or his relatives is also an offence under the Bharatiya Nyaya Sanhita.
Questions people ask
How much maintenance can a wife get in India?
There is no fixed formula. Courts look at the husband's income and assets, the wife's needs and income, and the children's needs. A share of around a quarter of the husband's net income has been treated as a reasonable benchmark in some judgments, but each case differs.
Can a working wife claim maintenance?
Yes, if her income is not enough to maintain the standard of living she had in the marriage. The court compares both incomes.
How do I file a domestic violence case?
File an application under the Domestic Violence Act before the magistrate, directly or through the Protection Officer of your district, describing the incidents. You can ask for interim protection and maintenance at the first hearing.
Can I stay in my husband's house after a dispute?
Under the Domestic Violence Act, a woman has a right to reside in the shared household, whether or not she owns it. The court can pass a residence order protecting that right.
Is interim maintenance possible?
Yes. Courts can order interim maintenance early in the case, so the wife and children are supported while it is decided.
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.