Scope and jurisdiction at a glance
- Who can claim
- A wife unable to maintain herself, including a divorced wife who has not remarried, can claim maintenance under Section 125 of the CrPC, now Section 144 of the BNSS, from a husband with sufficient means who neglects or refuses to maintain her.
- Is there a fixed formula
- There is no statutory formula and no fixed percentage of income prescribed by statute. Courts assess the figure on the facts, and any percentage referred to in practice is a working guide rather than a rule of law.
- What the court weighs
- The quantum is arrived at by weighing:
- The husband's actual income, earning capacity and assets, including undisclosed income the court can infer.
- The wife's own income, qualifications and earning capacity.
- The standard of living the parties enjoyed during the marriage.
- The reasonable needs of the wife and of any children in her care.
- The husband's own liabilities and dependants, including any other legal obligations.
- Disclosure of means
- In Rajnesh v. Neha (2020) the Supreme Court directed that both parties file an affidavit of assets, income and expenditure in maintenance proceedings. That affidavit is now the central document, and a defective or evasive one usually works against the party filing it.
- From what date it runs
- The Supreme Court in Rajnesh v. Neha also directed that maintenance be ordered from the date of the application rather than the date of the order, which significantly affects arrears.
- Which court
- An application under Section 125 CrPC or Section 144 BNSS is made to a Judicial Magistrate of the First Class in the district where the respondent is, or where he or his wife resides, or where he last resided with his wife.
There is no fixed percentage for maintenance in India. A wife — or in some cases a husband — can claim maintenance based on the other spouse's income and assets, the standard of living during the marriage, and her own needs and earning capacity. Courts follow the Rajnesh v. Neha factors; interim maintenance is often assessed at roughly 25% of the paying spouse's net income as a starting point, then adjusted to the facts.
"How much maintenance can my spouse claim?" and "how much can I claim?" are among the most common questions in matrimonial matters — and the honest answer is that there is no fixed percentage. Courts decide on a structured set of factors. This guide explains what those factors are and how they translate into a figure. To estimate a starting range for your facts, use the maintenance calculator; for the procedural side see maintenance under Section 125 CrPC / 144 BNSS in Delhi.
There is no fixed formula — but there is a framework
Indian courts do not apply a rigid "25% of income" rule. Instead, maintenance is fixed to allow the claimant to live with a standard reasonably similar to the matrimonial home, balanced against the payer's genuine capacity. The Supreme Court in Rajnesh v. Neha laid down the governing approach, including mandatory affidavits of disclosure of assets and income from both sides — which is now the centre of gravity in every contested maintenance case.
The factors the court weighs
- Income and assets of both parties — actual, and where income is concealed, what the court can reasonably infer.
- Standard of living during the marriage.
- Reasonable needs of the claimant and of any children.
- Liabilities of the payer — genuine loans/EMIs, dependents, but not contrived ones.
- Earning capacity and qualifications of the claimant — a qualified spouse who can work is treated differently from one who cannot.
- The payer's status and lifestyle — courts look behind declared salary to lifestyle evidence.
Interim vs final maintenance
Interim (pendente lite) maintenance is fixed early, often on the disclosure affidavits, to support the claimant while the case runs — this is frequently the practically decisive figure because cases take time. Final maintenance is determined at the end on full evidence. The two can differ, and an interim order can be revised.
Where disclosure makes or breaks the figure
Because quantum turns on income, the disclosure affidavit is the battleground. Understating income, hiding assets, or inflating liabilities — by either side — is the single biggest driver of contested outcomes. A claimant who documents the payer's real lifestyle, and a payer who honestly and credibly sets out genuine capacity and liabilities, each do far better than one who relies on bald assertions. For high-income matters this is where the real money is decided, and it warrants proper representation.
Getting a realistic number for your case
Start with the calculator for an indicative range, then test it against the factors above. Because the figure is fact-specific and the disclosure strategy matters so much, a consultation on your numbers is the proportionate way to understand a realistic claim or exposure before you commit to litigation. See also alimony in mutual-consent divorce and the alimony calculation guide.
Frequently asked questions
Is maintenance a fixed percentage of income in India?
No. There is no fixed percentage. Courts decide maintenance on a structured set of factors — both parties' income and assets, the standard of living during the marriage, reasonable needs, liabilities and earning capacity — following the Supreme Court's framework in Rajnesh v. Neha.
What is the disclosure affidavit and why does it matter?
Following Rajnesh v. Neha, both parties must file affidavits disclosing assets and income. Because quantum turns on income, this affidavit is the central battleground — concealment or exaggeration by either side is the biggest driver of contested outcomes.
What is the difference between interim and final maintenance?
Interim (pendente lite) maintenance is fixed early to support the claimant while the case runs and is often practically decisive; final maintenance is decided at the end on full evidence. Interim orders can be revised.
How can I estimate maintenance for my situation?
Use the maintenance calculator on this site for an indicative range, then weigh it against the statutory factors. Because the figure is highly fact-specific, a consultation on your actual numbers gives a realistic claim or exposure.
Want a realistic maintenance figure for your case?
Share both parties' approximate income, the standard of living and whether children are involved for a grounded read on a realistic claim or exposure.
Affidavits of income decide most maintenance matters — see how a maintenance lawyer in Delhi prepares and contests them.