Maintenance at Saket Family Court, Delhi: Section 24 HMA, Section 144 BNSS, DV Act, Income Affidavit & Rajnesh v. Neha Guide 2026

Maintenance litigation at Saket Family Court often arises together with divorce, custody, residence and settlement disputes. The first question is not simply “how much maintenance will be ordered?” but which statutory route applies, what financial material is before the court, whether another maintenance order already exists, and what interim relief is actually being sought.

Section 24 HMA: maintenance pendente lite and litigation expenses

Section 24 of the Hindu Marriage Act, 1955 permits either spouse, where the statutory conditions are satisfied, to seek maintenance pendente lite and litigation expenses during the matrimonial proceeding. The provision is intended to reduce financial inequality that may otherwise prevent a spouse from effectively participating in litigation.

The court may examine the applicant’s independent income, the respondent’s means, reasonable needs, dependants, child-related expenses, litigation costs and the broader financial circumstances of the parties.

Section 25 HMA: permanent alimony

Section 25 concerns permanent alimony and maintenance. The assessment may involve income, property, conduct where statutorily relevant, liabilities and the circumstances of the parties. A permanent-alimony analysis is distinct from an interim order under Section 24 because the court is considering longer-term financial consequences after or in connection with matrimonial relief.

Section 144 BNSS and summary maintenance

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a summary maintenance remedy subject to its statutory requirements. It may arise independently of a divorce petition. The factual and legal questions can differ from an HMA application, so pleadings should identify the statutory basis rather than treating every maintenance claim as the same proceeding.

Section 20 DV Act: monetary relief and maintenance

Section 20 of the Protection of Women from Domestic Violence Act, 2005 permits monetary relief where the statutory conditions are fulfilled. This can include maintenance in addition to other monetary consequences arising from domestic violence. A DV proceeding may also involve protection, residence, temporary custody and compensation under other provisions of the Act.

Where a divorce case and DV case proceed together, the financial pleadings should be consistent. Income, separation dates, residence, child expenses and prior orders should be disclosed across proceedings.

Rajnesh v. Neha and the financial-disclosure framework

In Rajnesh v. Neha, (2021) 2 SCC 324, the Supreme Court laid down a structured framework concerning disclosure of assets and liabilities, overlapping maintenance proceedings, the date from which maintenance may operate and enforcement. The decision is central to modern maintenance litigation.

The practical effect is that maintenance should not be argued through bare assertions of poverty or wealth. Documentary financial disclosure is central to the court’s assessment.

Can a working spouse receive maintenance?

Employment alone does not automatically defeat a claim. The relevant question is whether the spouse has sufficient independent income under the applicable statutory test, considered alongside the other spouse’s means, liabilities, reasonable needs and the standard of living during marriage.

Likewise, a claim should not assume that the respondent’s gross salary equals disposable income. Tax, statutory deductions, genuine liabilities, dependant parents, child expenses and other financial obligations may be relevant, subject to proof.

Self-employed, professional and business income

Maintenance disputes involving entrepreneurs, consultants, partners, promoters and professionals often require deeper scrutiny. Relevant material can include income-tax returns, GST records where relevant, audited accounts, bank statements, company or partnership records, shareholding documents, drawings, rent receipts, securities statements, loan records and recurring personal expenses paid through a business entity.

A court may draw appropriate inferences from inconsistent financial disclosure or unexplained lifestyle evidence, but allegations of concealed income should be tied to documents rather than speculation.

Child maintenance and education expenses

Child-related expenditure is distinct from the personal maintenance of a spouse. School fees, books, transport, medical care, extracurricular activities, special-needs expenses and reasonable recurring costs may require separate treatment.

Where custody is shared or extensive visitation exists, the actual distribution of expenses may also matter. A parenting plan should identify who bears tuition, medical costs, travel and extraordinary expenditure instead of leaving all expenses undefined.

Overlapping maintenance proceedings

A spouse may have invoked more than one statutory route. The existence of parallel proceedings does not mean that duplicate recovery should occur without disclosure or adjustment. Prior applications, interim orders and payments should be placed before the court so that the financial picture is transparent.

The litigation strategy should maintain one consolidated schedule of all maintenance claims, orders, payment dates, arrears and adjustments. This reduces contradiction and assists both adjudication and enforcement.

From what date can maintenance operate?

The effective date of maintenance is a significant issue because arrears may accumulate while the application remains pending. Rajnesh v. Neha addresses the principles governing commencement. Parties should therefore preserve the filing date, service history, interim directions and payment records carefully.

Enforcement and arrears

A maintenance order should not be treated as merely declaratory. Where payment is not made, enforcement mechanisms under the governing statute and procedural law may become necessary. Conversely, the paying party should maintain documentary proof of every payment so that amounts are not counted twice.

Bank transfers, receipts and court-recorded payments are preferable to undocumented cash transactions.

Documents commonly required

• income-tax returns;
• salary slips and Form 16, where applicable;
• bank statements;
• employment contracts and bonus records;
• business, partnership or company records where relevant;
• property and rental-income documents;
• loan and EMI records;
• proof of dependants and recurring medical expenses;
• children’s school, transport and healthcare records;
• copies of existing maintenance applications and orders; and
• proof of payments already made.

How this fits into the Saket authority cluster

This article supports the broader Saket Family Court, Delhi: Divorce, Maintenance, Custody & Filing Guide 2026 and the Malviya Nagar locality pillar at Divorce in Malviya Nagar: Procedure, Maintenance, Custody & Family Court Guide.

For a deeper defence-side financial analysis, see How to Defend a Maintenance Case in India.

Frequently asked questions

Authoritative sources

• Delhi District Courts
• Hindu Marriage Act, 1955 — India Code
• Protection of Women from Domestic Violence Act, 2005 — India Code
• India Code — Central Legislation

Author: Adv. Govind Bali, Fastrack Legal Solutions LLP.