Can a Working Wife Claim Maintenance ? Know Your Rights

Welcome to the blog of Chambers of Advocate Pranjal Rai, where we explore the important topic of ‘Rights of a Working Woman’. In this article, we provide clarity on crucial questions such as “Can a wife claim maintenance after divorce?” and “Can a working woman seek alimony?”. Our aim is to offer comprehensive insights for both working and non-working women, highlighting that maintenance can be claimed not only after divorce but also during marriage, ensuring financial security regardless of one’s employment status or marital situation. 

Many women believe that if they earn their own income, they cannot claim maintenance from their husband, whether in the event of separation, divorce, or even during difficult times in marriage. This misconception often leaves women hesitant to assert their legal rights, fearing societal judgment or thinking that being financially independent disqualifies them from support. However, this is not entirely true. Indian law recognizes that maintenance is not just about financial dependency; it is about ensuring fairness, dignity, and the right to a standard of living that a woman was accustomed to during marriage.

Even a working wife may face challenges in meeting all her financial needs, especially if she was contributing to the household, managing children, or sacrificing personal growth for the family. The law acknowledges these contributions and understands that income alone may not reflect the true financial and emotional costs a woman bears during marriage.

Understanding your rights under Indian law is therefore crucial. Maintenance is a tool to protect women from hardship and to ensure they can live with dignity, irrespective of whether they are working or not, divorced or still married. It empowers women to claim what they rightfully deserve without guilt or hesitation and serves as a reminder that legal protection exists for all women who deserve respect, security, and fairness in every phase of life. 

What is Maintenance?

Maintenance is financial support that one spouse provides to the other, ensuring that they can live with dignity and security, whether during the marriage, after separation, or following a divorce. Its primary purpose is to allow a spouse especially a wife to maintain a reasonable standard of living, similar to what they were accustomed to during the marriage, without facing financial hardship.

Maintenance is not just a legal provision; it is a safeguard for women’s independence and dignity. It acknowledges that even if a woman earns, she may still face challenges in meeting her personal, household, or child-rearing expenses. Indian law provides multiple avenues for women of different faiths to claim maintenance, reflecting the principle that every woman deserves financial security, respect, and protection. 

Key Legal Provisions for Maintenance

Hindu Marriage Act, 1955 – Section 24 & 25

Section-24  Maintenance pendente lite and expenses of proceedings.—

Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the court to be reasonable.

[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]

Section 24 of the Hindu Marriage Act simply means that during a court case related to marriage (like divorce, judicial separation, etc.), if the wife or the husband does not have enough independent income to support themselves or to bear court expenses, they can ask the court for financial help. The court can then order the other spouse to pay monthly maintenance during the case as well as litigation expenses, after considering the income of both parties and what is reasonable. The purpose of this section is to ensure that no spouse suffers financially or is forced to abandon the case due to lack of money, and the law also directs that such applications should be decided as quickly as possible, preferably within 60 days, so that immediate relief is provided.

Section-25  Permanent alimony and maintenance.—

(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant [the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind
any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the
husband, that he has had sexual intercourse with any woman outside wedlock, [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just]. 

Section 25 of the Hindu Marriage Act deals with permanent alimony or long-term maintenance. In simple terms, it allows the court to order the husband or the wife to provide financial support after divorce or any other matrimonial decree, either as a one-time lump sum or regular monthly payments, which may continue for the lifetime of the person receiving it. While deciding the amount, the court considers the income, property, conduct of both parties, and overall circumstances of the case, and may even secure the payment by attaching the property of the paying spouse if needed. The law also makes it clear that if circumstances change later—such as an increase or decrease in income—the court can modify or cancel the maintenance order, and in cases of remarriage or improper conduct as specified, the court may also alter or withdraw the maintenance to ensure fairness and justice. 

Code of Criminal Procedure, 1973 – Section 125

 Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain -

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate [* * *] [The words "not exceeding five hundred rupees in the whole" omitted by Act 50 of 2001, w.e.f. 24.9.2001.], as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct :

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.

[Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct.

Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.] 
Explanation. - For the purposes of this Chapter, -
(a) "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority,

(b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not re-married.

(2) [ Any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.] [Substituted by Act 50 of 2001, Section 2 ]

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] [Substituted by Act 50 of 2001, Section 2 for "allowance" (w.e.f. 24-9-2001).] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made :

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation. - If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.

(4) No wife shall be entitled to receive an [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] [Substituted by Act 50 of 2001, Section 2 for "allowance" (w.e.f. 24-9-2001).] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order. 

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023  SECTION-144.

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself; or

(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or

(d) his father or mother, unable to maintain himself or herself,

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means:

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.

Explanation. - For the purposes of this Chapter, "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. 

Special Marriage Act, 1954 – Section 37 

Power to order permanent alimony.

Where a decree of dissolution of the marriage or a decree of judicial separation is obtained by the wife, the District Court may order that the husband shall] to the satisfaction of the court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it thinks reasonable; and for that purpose may cause a proper instrument to be executed by all necessary parties.

Power to order monthly or weekly payments.-- In every such case the Court may make an order on the husband for payment to the wife of such monthly or weekly sums for her maintenance and support as the Court may think reasonable:

Provided that if the husband afterwards from any cause becomes unable to make such payments, it shall be lawful for the Court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part of the money so ordered to be paid, and again to revive the same order wholly or in part as to the court seems fit.

Hindu Adoption and Maintenance Act, 1956 – Section 18 

Maintenance of wife.―(1)Subject to the provisions of this section, a Hindu wife, whether
married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time.
(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance,―

(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her;

(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband;

(d) if he has any other wife living;

(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere;

(f) if he has ceased to be a Hindu by conversion to another religion;

(g) if there is any other cause justifying her living separately.

(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion. 

Why Maintenance Matters for Women

Maintenance is important because it protects a woman’s dignity, security, and right to live with respect, especially during or after marital disputes. Many women contribute to a marriage in ways that are not always financially visible—by managing the household, raising children, supporting their husband’s career, or sacrificing their own professional growth. When a marriage breaks down or faces serious conflict, maintenance ensures that a woman is not left financially vulnerable or forced into hardship.

For working women, maintenance matters because earning an income does not always mean financial stability. Expenses such as rent, children’s education, healthcare, and daily living costs can be overwhelming, particularly when the standard of living during marriage was much higher. For non-working women, maintenance becomes a lifeline, helping them rebuild their lives with confidence and independence.

Most importantly, maintenance is not charity—it is a legal right. It recognizes a woman’s contributions, protects her from poverty and exploitation, and empowers her to make decisions without fear or dependence. By ensuring financial fairness, maintenance helps women move forward with self-respect, stability, and emotional strength during one of the most challenging phases of their lives.