How Much Maintenance Will a Wife Get in Haryana? (2026)

There is no fixed amount or formula. Courts fix a wife's maintenance on the facts: the husband's real income, the wife's own income and needs, children, and the lifestyle she had in the marriage. The Supreme Court has treated about 25% of the husband's net income as a reasonable benchmark, but courts can award more or less.

If you are separated from your husband in Gurugram or elsewhere in Haryana and are struggling to manage, you can ask the court for monthly maintenance, and for interim maintenance while the case runs.

Which law can a wife use to claim maintenance?

A wife can claim maintenance under more than one law. Most use Section 144 BNSS because it is quick and applies to all religions, but the other routes can be used in a divorce or domestic violence case.

You can use more than one of these, but you must tell each court about the others. Amounts already awarded in one case are adjusted in the other, so you do not get paid twice.

Who can claim maintenance under Section 144 BNSS?

A wife who is unable to maintain herself can claim it from a husband who has sufficient means and neglects or refuses to maintain her. A divorced wife who has not remarried also counts as a "wife" for this section.

Section 144(4) BNSS says a wife will not get maintenance if she is living in adultery, refuses to live with her husband without sufficient reason, or they are living separately by mutual consent. A wife who left because of cruelty, dowry demands or similar reasons is not barred, because she has a sufficient reason.

How do courts decide how much maintenance a wife gets?

The court looks at both sides' finances and fixes an amount that lets the wife live with reasonable dignity, close to the standard she had in the marriage, without crushing the husband.

In Rajnesh v. Neha (2020), the Supreme Court laid down guidelines that family courts across India now follow. The main factors are:

• the husband's actual income, including salary, business income, rent and other assets;
• the wife's own income, if any, and whether it is enough for her to live as she did in the marriage;
• the status of the parties and their reasonable needs: food, clothing, housing, medical costs;
• children living with the wife and the cost of their schooling;
• the husband's genuine liabilities, such as dependent parents.

In Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017), the Supreme Court said that 25% of the husband's net salary would be a "just and proper" amount in that case. Courts use this as a rough benchmark, not a fixed rule; the Allahabad High Court has since said it is not mandatory.

What the Supreme Court said in 2026

In Deepa Joshi v. Gaurav Joshi (decided on 16 April 2026 by Justices Sanjay Karol and Augustine George Masih), a case under Section 144 BNSS, the Supreme Court held that a husband's duty to maintain his wife is a primary and continuing duty. Loan repayments taken to build his own assets cannot be used to cut down maintenance substantially. The family court had awarded ₹8,000 a month and the High Court ₹15,000; the Supreme Court raised it to ₹25,000 a month for a husband whose gross monthly income was about ₹1.15 lakh.

Can a working wife get maintenance?

Yes, in many cases. A wife's job does not automatically end her claim. If her income is not enough to keep her at the standard she had in the marriage, the court can award the difference. A well-paid wife who can comfortably support herself may get little or none.

What is interim maintenance and how fast is it decided?

Interim maintenance is a monthly amount the court orders while the main case is still pending. Under Section 144 BNSS and Section 24 of the Hindu Marriage Act, an interim application should be decided, as far as possible, within 60 days of notice being served on the husband. In practice it often takes longer, depending on how quickly the husband is served and files his reply.

The court can also order the husband to pay the expenses of the case. Under the Rajnesh guidelines, maintenance is ordinarily payable from the date of the application, so arrears build up even if the case takes time.

How to claim maintenance in Gurugram: step by step

1. Collect your documents (list below) and note every expense you and the children have each month.
2. Choose the right proceeding. A standalone Section 144 BNSS petition, a Section 24 application in a pending divorce case, or monetary relief in a domestic violence case. Under Section 145 BNSS, a Section 144 case can be filed where the husband lives, where the wife lives, or where they last lived together, so a wife now living in Gurugram can usually file here.
3. File the petition with an application for interim maintenance and the affidavit of disclosure of assets and liabilities required by Rajnesh v. Neha.
4. Notice to the husband. He must file his reply and his own affidavit of assets and liabilities.
5. Mediation. The Family Court usually refers the parties to mediation or counselling. Many cases settle here with a one-time or monthly amount.
6. Interim order, then evidence and final order fixing monthly maintenance.
7. Enforcement if he does not pay (see below).

What documents do you need?

• Proof of marriage (marriage certificate, photos, invitation card);
• Aadhaar or other ID and proof of your current address;
• Your income details, or a statement that you have no income;
• Whatever you have on the husband's income: salary slips, Form 16, ITRs, company name and designation, business details, property or vehicle papers;
• Bills for rent, school fees, medical treatment and other regular expenses;
• Copies of any earlier complaints or cases.

Do not hide your own income or assets. Courts have reduced or refused relief where a party concealed income, and a false affidavit can lead to action for perjury.

How long does a maintenance case take?

An interim order can come within a few months if the husband is served quickly. A final order under Section 144 BNSS commonly takes from several months to a year or more, depending on evidence, adjournments and whether the case settles in mediation.

What if the husband does not pay?

Under Section 144(3) BNSS the court can issue a warrant to recover the unpaid amount like a fine, and can send the husband to prison for up to one month for each month's default, or until he pays. You must apply to recover arrears within one year of the date the amount fell due, so do not let unpaid months pile up. Salary attachment and recovery from his property are also possible.

For more on how family disputes are handled locally, see our page on divorce and family disputes in Gurugram. If you are also thinking of ending the marriage, read how mutual consent divorce works in Gurugram, and on how an affair affects maintenance, see whether cheating on a spouse is a crime in India.

Frequently asked questions

Is there a fixed percentage of salary for wife maintenance in India?

No. The Supreme Court has treated 25% of the husband's net salary as a fair benchmark in one case, but the amount always depends on both parties' income, needs and children. Courts can go higher or lower.

What is Section 144 BNSS maintenance?

It is the new section, in force from 1 July 2024, that replaced Section 125 CrPC. It lets a wife, children and parents who cannot maintain themselves claim a monthly allowance from a person with sufficient means who neglects them, and it applies to people of every religion.

Can a wife claim maintenance without divorce?

Yes. A wife living separately for a sufficient reason can file under Section 144 BNSS, the Hindu Adoptions and Maintenance Act or the Domestic Violence Act without filing for divorce.

From which date is maintenance paid?

Ordinarily from the date of the application, following the Supreme Court's Rajnesh v. Neha guidelines, so arrears are payable for the period the case was pending.

Can a husband reduce maintenance by showing EMIs and loans?

Not for loans taken to build his own assets. In 2026 the Supreme Court held that such repayments cannot substantially reduce maintenance, because the duty to maintain a wife comes first.

Does a wife get maintenance if she left the husband's house?

Yes, if she had a sufficient reason, such as cruelty or harassment. She can be refused maintenance only if she left without sufficient reason, is living in adultery, or they separated by mutual consent.