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Family Laws

My husband doesn't support me. Can I claim maintenance from him?

Simple answer

Yes. A wife who cannot support herself can ask the court for monthly maintenance from a husband who has enough means, under BNSS Section 144. This applies to women of every religion, including divorced wives who have not remarried. You can also claim it in divorce or domestic violence cases.

Real-life examples

Sunita left her husband's house after he started beating her. He earns well but sends nothing for her or their daughter. She files under BNSS Section 144 in the family court and asks for interim maintenance while the case runs.

Fatima's husband divorced her. As a divorced Muslim woman who has not remarried, she can claim maintenance under BNSS Section 144, as the Supreme Court confirmed in 2024. She can also use the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Vikram lost his job due to illness, while his wife earns well. Only a wife can claim under BNSS Section 144, but in their divorce case under the Hindu Marriage Act, he can ask her for interim maintenance.

What should you do?

  1. 1Collect proof of your husband's income and assets: salary slips, bank statements, property papers, business details.
  2. 2List your monthly needs: rent, food, school fees, medicines. Be honest about your own income.
  3. 3File an application in the family court (or Magistrate's court) where you live, where he lives, or where you last lived together.
  4. 4Ask for interim maintenance at the start. Both sides must file an affidavit of income and assets (Rajnesh v. Neha, 2020).
  5. 5If he stops paying, apply to the court within one year of the missed payment so it can be recovered.
  6. 6Can't afford a lawyer? Call NALSA at 15100 for free legal aid.

Exceptions & limits

  • A wife may not get maintenance under BNSS Section 144 if she is living in adultery, refuses without good reason to live with her husband, or they live apart by mutual consent.
  • If you earn enough to live as you did in the marriage, the court may refuse or reduce maintenance. A husband who is able to work cannot escape paying just by saying he has no job.
  • Money awarded in one case is usually adjusted in another, so you cannot get double maintenance for the same period.

Official legal reference

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 144, 145

    Monthly maintenance for a wife, children and parents who cannot support themselves; interim maintenance; where to file.

    Earlier: CrPC Sections 125, 126Read the official text

  • Hindu Marriage Act, 1955 — Sections 24, 25

    In Hindu marriage cases, interim and permanent maintenance for a wife or husband without enough income.

    Read the official text

  • Protection of Women from Domestic Violence Act, 2005 — Section 20

    Money relief, including maintenance and expenses, for a woman facing domestic violence.

    Read the official text

  • Rajnesh v. Neha (2020)

    Both sides must disclose income and assets; maintenance usually runs from the date of application; amounts across cases are adjusted.

  • Mohd. Abdul Samad v. State of Telangana (2024)

    A divorced Muslim woman can also claim maintenance under the general law (then CrPC Section 125, now BNSS Section 144).

Where to get help

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100nalsa.gov.in

Women Helpline

24x7 support for women facing violence, with referral to One Stop Centres.

Call 181

Source & status

Applies to
All of India
Law in force since
1 Jul 2024
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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