Discussions of maintenance in India tend to revolve around the Hindu Marriage Act, but the personal-law landscape is wider. Christian marriages are governed by the Divorce Act, 1869, and Parsi marriages by the Parsi Marriage and Divorce Act, 1936 — each with its own provisions for alimony pendente lite and permanent alimony. This explainer maps those provisions, shows how they interact with the religion-neutral Section 144 BNSS and the Domestic Violence Act, and notes the quantum principles that run common across all of them.
Maintenance beyond the Hindu Marriage Act
Indian matrimonial law is a federation of statutes. A Hindu spouse looks to the Hindu Marriage Act, 1955; a Christian spouse to the Divorce Act, 1869; a Parsi spouse to the Parsi Marriage and Divorce Act, 1936. Each of these personal statutes carries its own machinery for two kinds of financial support: alimony pendente lite — interim support while the matrimonial case is pending — and permanent alimony, fixed at or after the decree. Over and above all of them sit two religion-neutral remedies: the summary maintenance jurisdiction under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 CrPC), and monetary relief under the Protection of Women from Domestic Violence Act, 2005.
Understanding which statute applies, and how the remedies stack, is the first task in any maintenance brief involving a Christian or Parsi marriage.
The Divorce Act, 1869: Sections 36 and 37
The Divorce Act, 1869 governs divorce, judicial separation and allied reliefs for persons married under Christian law. Section 36 provides for alimony pendente lite: while a suit under the Act is pending, the wife may apply for an order that the husband pay her alimony during the suit, and the court fixes a sum it considers just having regard to the husband’s income. The provision contemplates expeditious disposal of such applications. Section 37 deals with permanent alimony: when a decree of dissolution or judicial separation is passed, the court may order the husband to secure to the wife, or pay her periodically, such gross sum or such monthly or periodical payment as it thinks reasonable, having regard to her own property, the husband’s ability and the conduct of the parties.
The Act was substantially modernised by the Indian Divorce (Amendment) Act, 2001, which liberalised the grounds and procedure under the statute. The working position today is that Christian spouses litigate these claims in the Family Court like any other matrimonial party, with quantum governed by the same disclosure-driven exercise described below.
The Parsi Marriage and Divorce Act, 1936: Sections 39 and 40
For Parsi marriages, Section 39 of the Parsi Marriage and Divorce Act, 1936 provides for alimony pendente lite: where a suit under the Act is pending, a spouse who has no independent income sufficient for support and the necessary expenses of the suit may seek an order that the other spouse pay the expenses of the proceeding and a weekly or monthly sum during the suit, fixed on the parties’ respective incomes. Section 40 provides for permanent alimony and maintenance: at the time of passing any decree or at any time subsequent to it, the court may order the respondent to pay the applicant a gross sum or periodical payments for maintenance, having regard to the respondent’s income and property, the applicant’s income and property, the conduct of the parties and other circumstances. The provision also permits variation of the order on change of circumstances — a structure that consciously parallels the modern matrimonial statutes.
Notably, these Parsi-law provisions are framed so that either spouse may apply — the statute speaks of the plaintiff or defendant, and of a spouse without sufficient independent income — making them available, in appropriate facts, to a husband as much as to a wife.
How the statutes compare
| Statute | Interim support | Permanent alimony | Who may apply |
|---|---|---|---|
| Divorce Act, 1869 (Christian) | Section 36 — alimony pendente lite | Section 37 — gross sum or periodical payment | Wife |
| Parsi Marriage and Divorce Act, 1936 | Section 39 — expenses and interim sum | Section 40 — gross sum or periodical payment, variable | Either spouse |
| Hindu Marriage Act, 1955 | Section 24 — pendente lite and expenses | Section 25 — permanent alimony | Either spouse |
| Special Marriage Act, 1954 (civil marriages) | Alimony pendente lite under the Act | Permanent alimony under the Act | Wife (interim); as the Act provides |
| Section 144 BNSS (religion-neutral) | Interim maintenance during the proceeding | Monthly allowance until altered or cancelled | Wife, children, parents |
| DV Act, 2005 (religion-neutral) | Interim monetary relief under Section 23 | Monetary relief under Section 20 | Aggrieved woman |
| Muslim Women (Protection of Rights on Divorce) Act, 1986 | Distinct scheme, covered separately on this site | Divorced Muslim woman | |
Interaction with Section 144 BNSS and the DV Act
The personal statutes and the religion-neutral remedies are cumulative, not mutually exclusive. A Christian or Parsi wife may invoke Section 144 BNSS without any matrimonial suit at all — the provision requires only neglect or refusal to maintain and her inability to maintain herself. She may likewise seek monetary relief under Section 20 of the DV Act, which expressly extends to maintenance for the aggrieved woman and her children, in addition to an order under Section 144 BNSS. The discipline the courts apply is one of adjustment: amounts awarded in one proceeding are disclosed and set off in the other, so that the husband pays a fair total rather than overlapping sums, and the wife is not relegated from one forum to another.
Forum and quantum: the common ground
In Delhi, the Family Courts established under the Family Courts Act, 1984 hear suits under the Divorce Act and proceedings for maintenance, including applications under Section 144 BNSS; DV Act applications go before the Magistrate. Whatever the statute, quantum is decided on the same practical footing: sworn affidavits of income, assets, expenditure and liabilities from both sides; the standard of living enjoyed during the marriage; the earning capacity and actual earnings of each spouse; the needs of dependent children; and the conduct and duration of the marriage where the statute makes conduct relevant. Interim figures lean on disclosed income; permanent alimony weighs the longer horizon, including a lump-sum settlement where a clean break is sensible.
Parties to Christian and Parsi marriages sometimes assume that maintenance law offers them less than it offers Hindu spouses. The assumption is mistaken: the 1869 and 1936 statutes contain full interim and permanent alimony machinery, and the BNSS and DV Act apply to every community. The real work lies in choosing the right combination of forums and proving income honestly and early.
Frequently Asked Questions
Can a Christian wife claim maintenance without filing for divorce?
Yes. Sections 36 and 37 of the Divorce Act, 1869 operate within proceedings under that Act, but a Christian wife may independently invoke Section 144 BNSS (formerly Section 125 CrPC), which applies irrespective of religion, and may seek monetary relief under the Domestic Violence Act, 2005. Neither remedy requires a pending or concluded divorce.
What does alimony pendente lite mean under these statutes?
It is interim support ordered while the matrimonial case is pending — a periodic sum for the claimant’s maintenance and, as the court considers just, expenses of the proceedings. Both the Divorce Act, 1869 and the Parsi Marriage and Divorce Act, 1936 provide for it, and the amount is fixed on the parties’ disclosed incomes.
Can a Parsi husband claim alimony from his wife?
The Parsi Marriage and Divorce Act, 1936, as amended, frames its alimony provisions in gender-neutral terms, so either spouse may seek interim or permanent alimony depending on relative means. By contrast, Section 144 BNSS supports a wife against a husband, and the DV Act protects women; the personal statute is therefore the wider route for a husband.
Which court in Delhi hears these maintenance claims?
The Family Courts established under the Family Courts Act, 1984 exercise jurisdiction in Delhi over suits and proceedings for maintenance between parties to a marriage, including matters under the Divorce Act, 1869, and applications under Section 144 BNSS. DV Act applications are made to the Magistrate, with appeals to the Court of Session.