Maintenance & Alimony in Chandigarh: How Much Can You Claim?

Maintenance & Alimony in Chandigarh: Rights, Amounts & How to Claim

Maintenance and alimony are among the most contested issues in matrimonial cases. Whether you are a spouse seeking maintenance during or after divorce proceedings, or a parent seeking child support, understanding your legal rights is the first step. This guide explains the different provisions for maintenance under Indian law and how these work in Chandigarh courts.

What is Maintenance?

Maintenance (also called alimony when paid after divorce) is a periodic payment made by one spouse to the other for their financial support. Under Indian law, maintenance can be claimed:

During marriage (if the spouse is abandoned or has been forced to live separately due to cruelty)
During divorce proceedings (interim maintenance)
After divorce (permanent maintenance / alimony)
For children (maintenance for minor children, irrespective of whether the parents are divorced)

Legal Provisions for Maintenance

1. Section 144, BNSS 2023 (formerly Section 125 CrPC) This is the most accessible provision, available to any wife (including divorced wife, until she remarries), minor children, and parents. It applies to everyone regardless of religion. A Magistrate can pass an interim maintenance order at the very first hearing.

Key features:

No need to file a divorce case first — Section 144 BNSS can be filed independently.
The court can order interim maintenance quickly (often within weeks of the first hearing).
Maintenance is payable from the date of application (sometimes from the date of the order — courts differ on this point).
Non-payment of maintenance for one month can result in recovery as arrears and, in persistent default, imprisonment of up to one month.

2. Section 24 of the Hindu Marriage Act, 1955 This provision applies specifically during pending divorce/matrimonial proceedings before the Family Court. Either spouse can apply for interim maintenance and litigation expenses. The court is expected to pass an order on this application within 60 days of filing.

3. Section 25 of the Hindu Marriage Act, 1955 Permanent alimony / maintenance can be claimed at the time of passing the divorce decree or any time thereafter. It can be a lump sum or monthly payment, and continues until the remarriage of the receiving spouse or until the court modifies the order.

How Much Maintenance Can You Get in Chandigarh?

There is no fixed formula in Indian law for determining maintenance amounts. Courts exercise discretion based on:

Income of the husband / paying spouse: Salary slips, ITR, bank statements, business accounts
Income and assets of the wife / receiving spouse: Her own earnings, assets, property
Standard of living during marriage: The couple's lifestyle and expenses
Number and age of children: More children = higher maintenance
Special needs: Medical conditions, disability
Duration of marriage: Longer marriages tend to result in higher maintenance
Conduct of the parties: Adultery by the wife may reduce maintenance; cruelty by the husband may increase it

Approximate ranges in Chandigarh courts (2026):

Interim maintenance during proceedings: typically Rs. 10,000 – 50,000 per month (varies widely)
Permanent alimony: can be a one-time lump sum (Rs. 5,00,000 – 50,00,000+) or monthly payment
Child maintenance: typically Rs. 5,000 – 30,000 per child per month depending on the father's income

Interim Maintenance: How Quickly Can You Get It?

Section 24 of the Hindu Marriage Act requires courts to decide interim maintenance applications within 60 days of filing. In Section 144 BNSS cases, experienced advocates can often secure an interim maintenance order within 2 to 4 months of filing.

The key to getting a good interim maintenance order is:

Filing strong evidence of the husband's income (salary certificate, bank statements, income tax returns — use RTI if he hides income)
Documenting your own expenses clearly (rent receipts, school fee receipts, medical bills)
An experienced advocate who can argue the case effectively before the Magistrate or Family Court judge

Can a Husband Claim Maintenance from the Wife?

Yes. Section 25 of the Hindu Marriage Act allows either spouse to claim maintenance — not just the wife. If the husband can demonstrate that the wife earns significantly more and he is unable to maintain himself, he can claim maintenance. This is still relatively rare in practice but legally valid.

What Happens If Maintenance Is Not Paid?

If the respondent fails to pay court-ordered maintenance, the applicant can file an Execution Application. The court can:

Issue a warrant of attachment against the respondent's salary or bank accounts
Order recovery as arrears of land revenue
Sentence the defaulter to imprisonment (not exceeding one month per instance of default)

FIR for Maintenance Default

In cases of persistent refusal to pay maintenance, an FIR can be filed for the offence of cruelty under the BNS 2023 — strengthening the pressure on the defaulting party.

How Tricity Law Firm Can Help

Adv. Kamal Grover has extensive experience in maintenance and alimony cases before the Family Courts and Magistrate Courts in Chandigarh. We help clients:

File for interim maintenance quickly and effectively
Gather and present strong income evidence
Oppose excessive maintenance claims made against our clients
File execution proceedings for maintenance recovery
Negotiate lump-sum settlements

Disclaimer: This article is for general informational purposes only. Maintenance amounts vary greatly depending on individual facts. Please consult a lawyer for advice on your specific situation.