There is no fixed formula and no fixed percentage. Courts assess the paying spouse's actual income and obligations, the applicant's needs and earning capacity, the standard of living during the marriage, and the children's requirements. Interim maintenance can usually be obtained within the first one to three months of filing — which matters more to most applicants than the eventual final figure.
Clients often arrive quoting a percentage they read online. Indian courts do not work that way; the Supreme Court has laid down factors rather than arithmetic, and the same salary can produce quite different orders depending on documentation and dependants.
The routes available
| Route | Who can claim | Notes |
|---|---|---|
| Section 125 BNSS (earlier 125 CrPC) | Wife, children, parents | Independent of divorce; magistrate's court; relatively quick |
| Sections 24 & 25, Hindu Marriage Act | Either spouse | Interim maintenance during, and permanent alimony after, matrimonial proceedings |
| Domestic Violence Act, 2005 | Aggrieved woman | Monetary relief plus residence and protection orders |
| Section 20, DV Act / children's claims | Children | Education and medical needs commonly included |
What the court weighs
- Actual income — salary slips, ITRs, bank statements; not the figure claimed in court
- Liabilities that are genuine — home loan, dependent parents; not conveniently created ones
- The applicant's income and realistic earning capacity
- Standard of living enjoyed during the marriage
- The children's education, medical and living needs
- Conduct, where it is relevant to the claim
Enforcement, when payments stop
A maintenance order is enforceable: arrears can be recovered through execution, salary attachment, and in persistent default, coercive orders. Applicants should not treat non-payment as the end of the road — but should act promptly, since delay complicates recovery of arrears.
The bottom line
Whatever side you are on, the case is won on documents. Assemble income proof, expenses and the children's costs before filing — and pursue interim relief early rather than waiting for the final hearing.