What factors do courts consider when fixing the amount of maintenance?

Question

I want to understand what factors the court will weigh in deciding how much maintenance I should get or pay. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What factors do courts consider when fixing the amount of maintenance? is governed in India primarily by Hindu Marriage Act 1955, Section 24, Bharatiya Nagarik Suraksha Sanhita 2023, Section 144 and Protection of Women from Domestic Violence Act 2005, Section 20. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Courts consistently weigh the status and standard of living the parties enjoyed during the marriage, the reasonable needs of the claimant and any children, and the income and financial capacity of the person liable to pay maintenance under Sections 144 BNSS, 24 HMA and 20 of the DV Act alike.

The earning capacity of the claimant is also examined, including her educational qualifications, work experience and any reasonable steps taken or not taken towards self-sufficiency, though courts avoid presuming income merely because a claimant is educated.

Liabilities of the paying spouse, such as loans, dependents and other maintenance obligations, are factored in, but courts guard against inflated claims of liability designed to defeat a genuine maintenance claim.

The Rajnesh v. Neha guidelines require both parties to disclose assets and income transparently, and courts can draw an adverse inference against a party who conceals income or assets while resisting maintenance.

As a broad guiding benchmark, courts have referenced that maintenance is often set with reference to a reasonable proportion of the paying spouse's net income, though there is no fixed statutory percentage and each case turns on its own facts.

What to do next: 1) Prepare a detailed statement of your income, expenses and standard of living during the marriage; 2) Gather documentary proof of the other spouse's income, assets and lifestyle; 3) File the disclosure affidavit mandated by the Rajnesh v. Neha guidelines truthfully and completely; 4) Highlight any concealment of income by the other party through bank statements or lifestyle evidence.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Hindu Marriage Act 1955, Section 24 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.