Husband Not Paying Maintenance? What to Do Under Indian Law (Complete Guide)

Husband Not Paying Maintenance? What to Do Under Indian Law (Complete Guide)

Introduction

When a husband fails to pay maintenance, it can severely affect a woman’s financial security and dignity. In India, maintenance is a legal right, not charity. If your husband is refusing, delaying, or deliberately avoiding payment, the law provides strong remedies to protect you.
This article explains "what to do if your husband is not paying maintenance" the "legal provisions involved" and "step-by-step actions" you can take under Indian law.

What Is Maintenance Under Indian Law?

Maintenance refers to financial support that a husband is legally required to provide to his wife (and children) to meet basic living needs such as:

* Food and daily expenses
* Rent and household costs
* Medical expenses
* Children’s education

Maintenance ensures that a woman can live with basic dignity and reasonable comfort.

Who Can Claim Maintenance in India?

A wife can claim maintenance if:

* She is legally married
* She is unable to maintain herself
* The husband has sufficient means but neglects or refuses to provide support

Maintenance can be claimed during marriage, separation, or even after divorce, subject to legal conditions.

Legal Provisions When Husband Is Not Paying Maintenance

1. Section 125 of the Criminal Procedure Code (CrPC)/ 144 BNSS

Section 125 CrPC now 144 BNSS is the most commonly used provision for maintenance.

Key features:

* Applicable to all religions
* Fast and summary remedy
* Maintenance is enforceable through criminal courts
* Non-payment can lead to imprisonment

A wife, including a divorced wife (under conditions), can file under this section.

2. Hindu Adoption and Maintenance Act (HAMA), 1956

For Hindu women, maintenance can also be claimed under HAMA.

* Applies to wives, children, and dependent parents
* Maintenance can be claimed as a civil right
* Continues during the lifetime of the husband

3. Muslim Personal Law

Under Muslim law, a wife is entitled to nafaqa (maintenance) during marriage and in certain circumstances after divorce, especially if mehr (dower) is unpaid.

What To Do If Your Husband Is Not Paying Maintenance

Step 1: Check If There Is a Court Order

If a maintenance order already exists and your husband is not complying, you can immediately seek enforcement.
If no order exists, you must first file a maintenance application.

Step 2: File a Maintenance Case (If Not Filed Already)

You can file a petition:

* Under Section 125 CrPC/144 BNSS before the Magistrate Court
* Under HAMA before a Civil or Family Court

Documents required:

* Marriage proof
* Proof of husband’s income (salary slips, lifestyle evidence)
* Your expense details
* Bank statements

Step 3: File an Execution Petition for Non-Payment

If your husband is not paying despite a court order, you can file an execution petition before the same court.

The court has the power to:

* Recover arrears
* Enforce monthly payments
* Penalize deliberate non-compliance

Legal Actions Against Husband for Non-Payment of Maintenance

1. Attachment of Salary

The court can directly order the husband’s employer to deduct maintenance from his salary.

2. Attachment of Bank Accounts or Property

If salary attachment is not possible, the court may attach:

* Bank accounts
* Fixed deposits
* Movable or immovable property

3. Imprisonment for Willful Default

If the husband intentionally disobeys the maintenance order, the court may order imprisonment (usually up to one month per default).
Imprisonment does not cancel the maintenance arrears — the amount remains payable.

Common Excuses Used by Husbands (And How Courts Respond)

1-“I Have No Income”

Courts assess:

* Educational qualifications
* Past employment
* Lifestyle and expenses

If capable of earning, the court may assign notional income.

2-Partial or Irregular Payments

Even partial payments do not absolve liability. Courts can order payment of full arrears.

3-Husband Living Abroad

Maintenance can still be enforced if:

* He has assets in India
* He is an Indian citizen
* Income sources can be traced

Maintenance Rights of Divorced Women

A divorced wife can claim maintenance if:

* She is unable to maintain herself
* She has not remarried
* Legal conditions under CrPC/BNSS or personal law are satisfied

Maintenance is not automatically denied after divorce.

How Long Can Maintenance Arrears Be Claimed?

Maintenance arrears can be claimed for the entire period during which payment was due but not made, subject to court discretion and evidence.

Practical Tips to Strengthen Your Maintenance Case

* Maintain records of all expenses
* Keep proof of non-payment
* Preserve communication showing neglect
* Collect evidence of husband’s lifestyle and income

Frequently Asked Questions (FAQs)

1- Can a husband be jailed for not paying maintenance?

Yes. Willful non-payment of maintenance can lead to imprisonment under Section 125 CrPC/144 BNSS.

2-Can maintenance be increased later?

Yes. If expenses rise or husband’s income increases, you can seek enhancement.

3-Is maintenance applicable if wife is working?

Yes. Working women can still claim maintenance if income is insufficient to maintain their standard of living.

Conclusion
If your husband is not paying maintenance, the law is firmly on your side. Indian courts treat maintenance as a basic right essential for survival and dignity. Timely legal action, proper documentation, and enforcement proceedings can ensure justice and financial security.

NOTE- This article is for information purpose , for any legal advise consult to a professional .