By Advocate Karan Dua | Vintage Litigation, New Delhi | Published: July 2026

This is the question I receive most often from women who are not yet at the divorce stage — or who are not sure they want to be.

The marriage is broken in every practical sense. She has left the matrimonial home, or is still there but being financially neglected. She has no income of her own. She needs money to survive, to pay rent, to feed the children, to pay a lawyer. But she is not ready — or not willing — to pull the trigger on a divorce petition. Maybe she is still hoping the marriage can be saved. Maybe she is afraid of the social consequences. Maybe she simply needs time to make that decision without being under financial pressure while she does.

Does she have to file for divorce to start receiving maintenance?

The answer is no. And understanding why — and which legal route to use — is the single most practically important piece of information she needs right now.

This article explains the three independent routes to maintenance that do not require a divorce petition, the one route that does, and the specific 2026 legal developments that have strengthened these options.

1. The Foundation: What Maintenance Is and Why It Is Not Tied to Divorce

Maintenance — sometimes called alimony or spousal support — is a legal obligation placed on a financially capable spouse to support a spouse who is unable to maintain themselves. In India, this obligation exists under multiple laws, each with its own conditions, procedure, and court.

The critical point, which most people do not know, is that Indian maintenance law was never designed to depend on a divorce petition being filed. The primary maintenance provision — Section 125 of the Code of Criminal Procedure, now Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — is a criminal procedure provision, not a matrimonial law provision. It sits in an entirely different statute from the Hindu Marriage Act and operates completely independently of any matrimonial proceeding.

The Bombay High Court’s ruling in MK v. LM (2026:BHC-NAG:6553, June 20, 2026) reaffirmed this: a wife’s right to maintenance is based on the husband’s neglect and her inability to maintain herself. It is not conditional on her having filed — or intending to file — for divorce. It is not even conditional on her proving specific acts of cruelty against her, if she can show that her separate residence was for a justifiable reason and that the husband made no genuine effort to maintain her.

2. Route 1: Section 144 BNSS

(Formerly Section 125 CrPC — No Divorce Required)

This is the fastest, most accessible, and most frequently used route for a wife who needs maintenance immediately, without committing to divorce proceedings.

Who can file: A wife who is unable to maintain herself and whose husband has sufficient means but neglects or refuses to maintain her. She does not need to be living with him, does not need to have filed for divorce, does not need to be in any ongoing matrimonial proceeding. She can be living in the matrimonial home, at her parents’ house, in a rented apartment — it makes no difference.

Where to file: Before a Judicial Magistrate First Class (JMFC) in the district where she resides, or where the husband resides or last resided, or where she and her husband last resided together.

The most significant 2026 change — the 60-day mandate: Section 144(2) of the BNSS 2023 introduced a statutory deadline that did not exist under the old CrPC: applications for interim maintenance must now be disposed of within 60 days of the first hearing. This means that within two to three months of filing a well-prepared application, a wife can have an enforceable interim maintenance order in her hands — without any divorce petition being anywhere in sight.

What you do not need:

• A divorce petition or any matrimonial case
• Proof of specific cruelty (the Bombay HC confirmed in June 2026 that neglect and justified separate residence are sufficient — cruelty need not be separately proven)
• Your husband’s cooperation or consent
• Any waiting period or cooling-off period

What you do need:

• Evidence that you are living separately from your husband (or that he has failed to maintain you even while you live together)
• Evidence that you are unable to maintain yourself independently
• Evidence of your husband’s financial capacity — salary slips, bank statements, income tax returns, or lifestyle evidence where he suppresses declared income (see our guide on how courts calculate maintenance)
• A well-drafted application setting out these facts clearly

Can the husband resist this application by saying “she chose to leave”? He can try, but this argument has become significantly weaker after recent rulings. We covered the husband’s defence in our article on wife left matrimonial home and maintenance in detail. The short version: courts ask WHY she left, not merely WHETHER she left. If the reason was cruelty, neglect, or a hostile home environment — even one without specific incidents directly attributable to the husband — maintenance will be awarded.

Does filing this application later affect a divorce case? No — and this is an important strategic point. Filing for maintenance under Section 144 BNSS is entirely independent of divorce proceedings. Starting a maintenance application today does not commit you to any position on divorce. You can later file for divorce while the maintenance proceedings run in parallel. You can also eventually settle both as part of a comprehensive matrimonial settlement. The maintenance route gives you financial security without forcing a decision on divorce.

3. Route 2: Protection of Women from Domestic Violence Act, 2005

(No Divorce Required — Fastest Interim Relief Available)

The Domestic Violence Act is the fastest route to financial relief for a wife who has experienced any form of domestic violence — physical, emotional, verbal, economic, or sexual. Critically, it is also completely independent of divorce proceedings.

Economic abuse as a specific DV ground: The DV Act defines “economic abuse” to include depriving the wife of financial resources to which she is entitled, preventing her from using shared household resources, making excessive demands for property, and generally controlling financial access in ways that harm her. A husband who simply refuses to give his wife money for household expenses — while having the means to do so — may already be committing economic abuse under the DV Act.

What you can get without filing for divorce:

• A monetary relief order (equivalent to maintenance) under Section 20 DV Act — this can include loss of earnings, medical expenses, children’s maintenance, and ongoing support
• A protection order under Section 18 preventing the husband from further abuse
• A residence order under Section 19 preventing you from being evicted from the shared household — this is an immediate protection that a divorce petition does not provide

Timeline: Interim DV Act orders can be obtained within days or weeks of filing, compared to months for a Section 144 BNSS order. Where there is an element of domestic abuse and a need for immediate protection, the DV Act is the fastest route to both financial support and physical safety.

No divorce required: The DV Act specifically protects women in “domestic relationships” — including current wives, women in live-in relationships, divorced women (for past abuse), and women in any household arrangement. Filing a DV Act complaint does not constitute filing for divorce and does not in any way commit you to any position on the marriage.

4. Route 3: Hindu Adoptions and Maintenance Act, 1956 (HAMA)

(Civil Maintenance — Completely Independent of Divorce)

Many people do not know that the Hindu Adoptions and Maintenance Act, 1956 (HAMA) provides a civil law right to maintenance for a Hindu wife that exists entirely independently of the Hindu Marriage Act and of any divorce proceedings.

Under Section 18 of HAMA, a Hindu wife is entitled to be maintained by her husband throughout her life. She can file a civil suit for maintenance under this provision without any divorce petition being filed or pending. She does not have to be seeking divorce at all.

HAMA maintenance covers:

• Regular monthly support
• Expenses for her residence, clothing, food, medical care
• Education of children if applicable

The Kerala HC’s January 2026 expansion: In a ruling from January 2026 (X v. Y), the Kerala High Court held that a Hindu wife’s right to maintenance under HAMA extends to her husband’s immovable property — she can seek a charge over property as security for her maintenance, even beyond what the HAMA text strictly envisages. This is a significant strengthening of the civil maintenance right that is entirely independent of any divorce proceedings.

The SC’s January 2026 ruling on in-law maintenance: In Kanchana Rai v. Geeta Sharma (2026 SCC OnLine SC 59, January 13, 2026), the Supreme Court confirmed that a widowed daughter-in-law is entitled to maintenance from her father-in-law’s estate under HAMA, even after her husband’s death and regardless of any divorce proceedings. HAMA creates maintenance obligations that exist independently of matrimonial court proceedings.

The practical use case: HAMA suits are slower than Section 144 BNSS applications (they are civil suits, not magistrate applications) but they are particularly useful where a wife needs to assert her maintenance right as a property-level claim — for example, where the husband’s assets are substantial and she wants to secure her maintenance against specific property.

5. The Route That DOES Require a Matrimonial Proceeding

For completeness, it is important to explain which maintenance route DOES depend on a divorce or other matrimonial petition being filed:

Section 24 of the Hindu Marriage Act — maintenance pendente lite (during pendency of the case). Section 24 specifically applies “in any proceeding under the Act” — meaning a divorce petition, a judicial separation petition, or a restitution of conjugal rights application must already be filed. Once one of these proceedings is initiated, Section 24 allows either spouse to apply for interim maintenance to cover their expenses and legal costs during the pendency of the case.

Section 25 HMA — permanent alimony. This requires that a divorce decree has been passed. It is post-decree relief, not pre-divorce relief.

Neither Section 24 nor Section 25 is available to a wife who has not filed any matrimonial proceeding. If you want maintenance under HMA specifically — particularly the interim maintenance during the divorce — you do need to file a divorce petition or at minimum an RCR or judicial separation petition.

But the important point for most clients in the “not sure about divorce” situation is that Section 144 BNSS, the DV Act, and HAMA are all available right now, without any divorce decision being made.

6. Strategic Considerations: Which Route Should You Use First?

The right answer depends on your specific situation, but here are the most common patterns in Delhi family court practice:

If you need money urgently and have experienced any form of domestic abuse (physical, economic, or emotional): File under the DV Act first. This gives you the fastest interim monetary relief and also provides protection orders and residence protection that the other routes do not.

If you have left the matrimonial home and need regular monthly support but the situation does not clearly involve domestic violence: File under Section 144 BNSS before a Magistrate. The 60-day statutory timeline for interim orders under BNSS makes this very fast relative to civil suits.

If you want to preserve your claim as a charge over your husband’s property and are dealing with substantial assets: HAMA is the appropriate civil law route, often used alongside Section 144 BNSS proceedings.

If you eventually decide to file for divorce: Your Section 144 BNSS maintenance proceedings continue independently alongside the divorce petition. You can also apply for Section 24 HMA maintenance within the divorce petition once it is filed. Both run in parallel; the Magistrate Court maintenance and the Family Court maintenance can exist simultaneously (though courts may eventually need to rationalise the overlapping orders).

The sequencing of these filings — which to file first, which court, and how to structure the overall litigation strategy — is something an experienced matrimonial lawyer should advise on specifically for your facts.

7. What This Means in Practice: A Timeline

For a wife in Delhi who files a Section 144 BNSS application today (without any divorce petition):

Within 1–2 weeks: First hearing before the JMFC. Notice issued to the husband.

Within 4–8 weeks: Reply by husband typically filed. Arguments on interim maintenance begin.

Within 60 days of first hearing (per BNSS statutory mandate): Interim maintenance order must be passed. The 60-day rule is the most important procedural change of BNSS 2023 for maintenance claimants.

Going forward: Monthly maintenance begins. Husband must comply or face execution proceedings (salary attachment, property attachment, arrest warrants in case of default — see our article on maintenance default consequences).

All of this happens without any divorce petition being filed at any stage.

How Vintage Litigation Can Help

Advocate Karan Dua advises wives on the fastest, most strategically sound route to financial security — whether through Section 144 BNSS, the DV Act, or HAMA — and coordinates these routes with any matrimonial proceedings that follow. Whether you are certain about divorce or still undecided, the most important step is securing financial support now, while you make the larger decisions with clarity and without economic pressure.

Online first consultation. Fully confidential. No commitment required.

📞 Call / WhatsApp: +91-9999483959 📧 Email: Adv.karan.dua67@gmail.com 📍 O-11A, Basement, Jangpura Extension, New Delhi – 110014 ⏰ Monday–Saturday, 9 AM – 6 PM. WhatsApp available after hours.

Frequently Asked Questions

Q1. Can I claim maintenance from my husband without filing for divorce?

Yes — through three independent routes. Under Section 144 of the BNSS 2023 (formerly Section 125 CrPC), you can file a maintenance application before a Judicial Magistrate without any divorce petition. Under the Protection of Women from Domestic Violence Act, 2005, you can claim monetary relief without filing for divorce. Under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, you can file a civil suit for maintenance independently of any matrimonial proceedings. None of these require a divorce petition to be filed or pending.

Q2. How fast can I get maintenance without a divorce petition?

Under Section 144(2) BNSS 2023, a Magistrate court must decide interim maintenance within 60 days of the first hearing. In practice, this means a properly filed and pursued application can result in an enforceable maintenance order within 2–4 months of filing — without any divorce petition being involved. DV Act monetary relief can sometimes come even faster where urgency is established.

Q3. Will filing for maintenance without divorce affect my divorce case later?

No. A Section 144 BNSS maintenance application is entirely independent of matrimonial proceedings. Starting maintenance proceedings does not commit you to any position on divorce. You can later file for divorce, settle both matters together, or continue the maintenance case while deciding about divorce — all without any adverse legal consequence from having filed for maintenance first.

Q4. What is the difference between Section 144 BNSS and Section 24 HMA for maintenance?

Section 144 BNSS is available WITHOUT any divorce or matrimonial petition — it is a Magistrate court application available to any wife who is unable to maintain herself. Section 24 HMA is available ONLY within an existing matrimonial proceeding (divorce, judicial separation, or RCR petition) and applies specifically during the pendency of that case. For a wife who has not yet filed for divorce, Section 144 BNSS is the appropriate and immediately available route.

Q5. I haven’t decided whether to divorce my husband. Can I still get maintenance?

Yes — and this is specifically why Section 144 BNSS and the DV Act exist. They are welfare provisions designed to prevent destitution regardless of the wife’s matrimonial choices. You do not need to have made a decision about divorce. You can file for maintenance today while continuing to think about what you want to do about the marriage. The maintenance proceedings do not force or prevent any particular decision about divorce.

Q6. Can my husband oppose maintenance by saying I chose to leave and he did nothing wrong?

He can raise this argument — but its strength depends on why you left. The Bombay High Court’s June 2026 ruling in MK v. LM (2026:BHC-NAG:6553) confirmed that maintenance can be awarded even without specific proven cruelty if the wife had a justifiable reason for living separately and the husband made no genuine effort to maintain her. Specifically, the Court noted the husband’s own admission that after his wife left, he made no effort to know her circumstances. Courts look at the full picture, not just the fact of departure.

Q7. What is the DV Act route for maintenance and how is it different from Section 144 BNSS?

The DV Act provides monetary relief as part of a domestic violence complaint — it is available to women who have experienced any form of abuse (including economic abuse). It can be faster than Section 144 BNSS for interim orders and also provides additional protections (protection orders, residence orders) that Section 144 BNSS does not. A woman who has experienced any form of domestic abuse should consider the DV Act as the primary route, not just for maintenance but for comprehensive protection. Neither route requires a divorce petition.

Q8. Can parents claim maintenance without divorce proceedings?

Yes — parents unable to maintain themselves can claim maintenance from their children under Section 144(1)(d) BNSS, completely independently of any matrimonial proceeding. Additionally, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides a separate, fast-track maintenance remedy for senior citizen parents. Both are available without any divorce being involved.

Q9. What if my husband is an NRI and lives abroad? Can I still claim maintenance in India without a divorce petition?

Yes. Section 144 BNSS applications can be filed in the district where you currently reside in India, regardless of where your husband is located. Courts have mechanisms to serve notice on spouses abroad, and proceedings can continue in their absence once proper service is established. An NRI husband’s foreign income is also a factor courts consider in maintenance assessment — the Delhi HC has ruled that foreign income cannot be mechanically excluded from the calculation.

Q10. Once I get a maintenance order without divorce, can I use it as evidence or advantage in a later divorce case?

Yes. An existing maintenance order reflects the court’s finding that the husband had sufficient means and was neglecting his obligation to maintain you — which is directly relevant to a divorce case on cruelty grounds or in a maintenance application under Section 24 HMA once divorce proceedings are initiated. The factual record built in maintenance proceedings can strengthen the divorce case. However, it also creates obligations — if circumstances change, either side can apply to modify the maintenance order. Speak with a maintenance lawyer about how to structure the maintenance application strategically for both the immediate need and any future divorce proceedings.

Adv. Karan Dua — Advocate, Delhi High Court | Matrimonial & Family Law Adv. Karan Dua is a Delhi-based advocate specialising in maintenance proceedings, domestic violence cases, contested and mutual divorce, and complex multi-forum matrimonial litigation. He practises before the Delhi High Court and family courts across the NCR. Learn more about Vintage Litigation or get in touch.