If you are a wife or child who is not being financially supported by your husband/father, you have the right to claim maintenance under Indian law. Advocate Ankit Burman, an experienced family lawyer in Ranchi, explains the maintenance laws and how to claim your rights in Ranchi, Jharkhand.
What is Maintenance Under Indian Law?
Maintenance (or alimony) is financial support that a husband/father is legally required to pay to his wife and children who are unable to maintain themselves. It can be claimed during divorce proceedings or independently.
Laws Governing Maintenance in India
- Section 125 CrPC – Applies to all religions; provides for maintenance of wife, children, and parents
- Section 24 & 25 Hindu Marriage Act – Interim and permanent alimony for Hindus
- Section 18 & 20 Hindu Adoption & Maintenance Act, 1956 – Maintenance of wife and children
- Muslim Women (Protection of Rights on Divorce) Act, 1986 – Maintenance for divorced Muslim women
Who Can Claim Maintenance Under Section 125 CrPC?
- Wife – including divorced wife (until remarriage)
- Children – minor children (below 18) and adult children unable to maintain themselves
- Parents – father or mother unable to maintain themselves
How Much Maintenance Can Be Claimed?
The Supreme Court has set guidelines that maintenance should be approximately 25% of the husband’s net income. However, the actual amount depends on the husband’s income, wife’s needs, standard of living, and number of children.
How to File for Maintenance in Ranchi?
Step 1: File Application Before Family Court Ranchi
File an application under Section 125 CrPC before the Principal Judge Family Court, Ranchi. The court is located near the Civil Court complex in Ranchi.
Step 2: Claim for Interim Maintenance
Along with the main application, you can seek interim maintenance for immediate financial support while the case is pending.
Step 3: Evidence
Present evidence of husband’s income (salary slips, bank statements, property documents) and your expenses and needs.
Step 4: Order
The court passes an order for maintenance. Non-payment can lead to civil imprisonment of the defaulting spouse.
Can Working Wife Claim Maintenance?
Yes. Even if the wife is earning, she can claim maintenance if her income is significantly lower than the husband’s and is insufficient to maintain the standard of living enjoyed during marriage.
Contact Family Lawyer in Ranchi for Maintenance Cases
📞 +91 7384818188
📍 Near Civil Court, Ranchi – 834001