Maintenance & alimony lawyer in Delhi
Maintenance law protects dependent spouses and children while guarding against inflated claims. Advocate Karan Dua handles both sides: claiming fair maintenance, and defending against unreasonable demands.
Maintenance matters we handle
Following Rajnesh v. Neha, both spouses must file detailed affidavits of assets, liabilities and income. These are the issues handled most often.
Interim maintenance
Support for legal expenses and sustenance while the case is pending.
Section 24 HMAPermanent alimony
Negotiating and documenting lump-sum, clean-break settlements.
Section 25 HMAConcealed assets
Uncovering hidden business assets, multiple bank accounts and undeclared wealth.
Asset disclosureDefence against unmerited claims
Protecting working or qualified spouses under the earning capacity principle.
Earning capacityRecovery of arrears
Execution petitions to recover accumulated unpaid maintenance, with attachment of salary or property.
Execution & attachmentClaiming or defending maintenance?
The preparation differs depending on which side you are on.
Seeking fair support
- →Show the standard of living you had in the matrimonial home.
- →Document your needs and any expenses for children.
- →Disclose your own income honestly in the affidavit.
- →Ask for maintenance from the date of filing the application.
Facing a claim you consider excessive
- →Present your real income, loans and fixed liabilities with proof.
- →Place your spouse’s qualifications and earning capacity before the court.
- →Challenge inflated lifestyle claims with documents.
- →Respond to the affidavit with complete and accurate disclosure.
The five stages of a maintenance case
Maintenance matters typically take 4 to 12 months in Delhi Family Courts.
Financial dossier
Salary slips, Form 16, ITRs, bills and lifestyle expenditure compiled.
Disclosure affidavit
The detailed Rajnesh v. Neha affidavit of movable and immovable assets.
Interim arguments
Arguments on standard of living and disparity of income.
Child support
Funding for schooling, medical and other needs of minor children.
Execution or settlement
Enforcing orders, or recording a final lump-sum alimony deed.
What courts weigh when fixing maintenance
There is no fixed formula. Courts balance the full financial picture of both spouses.
Income of both spouses
Salary, business income and other sources, with the gap between them.
Standard of living
The lifestyle enjoyed in the matrimonial home.
Earning capacity
Qualifications and the ability to earn, not only current income.
Assets & liabilities
Property, savings, loans and fixed commitments, as disclosed on affidavit.
Children’s needs
Schooling, medical care and daily expenses of minor children.
Start date
Maintenance is awarded from the date the application is filed.
Outcomes depend on the facts of each case. A consultation will tell you where your case is likely to fall.
Filing documents checklist
Tap a document to mark it as ready.
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Where to file
Common questions
Can a wife who earns a salary claim maintenance?▾
Yes, if her income is substantially lower than her husband’s and not enough to maintain the standard of living she enjoyed in the matrimonial home. The court balances both incomes and adjusts the amount.
From which date is maintenance awarded?▾
Under the Supreme Court’s decision in Rajnesh v. Neha, maintenance is awarded from the date the application is filed, not the date of the final order. Arrears accumulate from that date.
What if the other spouse does not pay maintenance?▾
You can file an execution petition to recover the arrears. The court can order attachment of salary or property to enforce payment.
Speak to the Advocate
O-11A, Basement, Jangpura Extension, New Delhi 110014. Mon to Sat, 9:00 AM to 6:00 PM, by prior appointment.