A spouse, child or parent can claim maintenance in India from a person living abroad. The claim may be brought under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 125 of the Criminal Procedure Code), under the matrimonial statute in a divorce case, or under the Domestic Violence Act. Both parties must file sworn affidavits of income, assets and liabilities, and the court fixes an amount based on need, earning capacity and standard of living.
- Quick remedy
- BNSS s.144 (old CrPC s.125)
- Disclosure
- Mandatory affidavit of assets
- Payable from
- Date of application
- Foreign income
- Fully taken into account
The routes to maintenance
- Section 144, BNSS. A summary remedy before the Magistrate for a wife unable to maintain herself, minor children, and parents. It applies irrespective of religion and can be filed where the claimant resides.
- Hindu Marriage Act, sections 24 and 25. Maintenance during the case and permanent alimony on decree, available to either spouse. The Special Marriage Act has parallel provisions for wives.
- Hindu Adoptions and Maintenance Act, 1956. A civil right of a Hindu wife to be maintained, and to live separately in defined circumstances, without seeking divorce.
- Protection of Women from Domestic Violence Act, 2005. Monetary relief and residence orders. See domestic violence cases.
- Muslim Women (Protection of Rights on Divorce) Act, 1986, alongside the general remedy, which the Supreme Court has held remains available to Muslim women.
More than one can be invoked, but the Supreme Court has directed that amounts awarded in one proceeding be adjusted in the others so that there is no double recovery.
How the amount is decided
The leading authority is Rajnesh v. Neha (2020). The Supreme Court required both parties in every maintenance case to file a detailed affidavit of disclosure covering income, assets, expenses and liabilities, and listed the factors to be weighed: the status of the parties, the reasonable needs of the claimant and children, the claimant's qualifications and employment, independent income, the standard of life in the matrimonial home, and the payer's other dependants and liabilities. Maintenance is to run from the date of the application.
For an NRI respondent, foreign salary, bonuses, stock options and property are all relevant, converted to rupees but assessed against cost of living where the payer actually resides. Courts draw adverse inferences from concealment, so a complete and truthful affidavit, supported by tax returns and pay slips, is the best defence against inflated claims.
Claiming from a spouse abroad
Jurisdiction lies where the claimant lives in India, so the respondent's residence abroad is no obstacle to filing. The hurdle is service and enforcement. Summons are served through the Ministry of Home Affairs under mutual legal assistance arrangements, through the Indian mission, or by email and messaging where the court permits. If the respondent ignores the case, the court proceeds ex parte.
An order is enforced against assets in India first: salary or pension paid here, bank accounts, and immovable property, which can be attached and sold. Persistent default can lead to arrest warrants, impounding of the passport and, where the respondent visits India, detention. Enforcement in the country of residence depends on that country's law on recognising foreign maintenance orders; some treat Indian orders as registrable, others require a fresh claim there. We coordinate with local counsel.
Responding to a claim from abroad
Do not ignore a summons. An ex parte order based on the claimant's unchallenged figures is hard to undo and arrears accumulate. An NRI respondent can appear through an advocate, seek exemption from personal appearance, file the disclosure affidavit from abroad with consular attestation, and give evidence by video link. Legitimate defences include the claimant's own substantial income, refusal to live together without sufficient reason, remarriage, and the payer's genuine liabilities. Payment of interim maintenance on time keeps you in good standing with the court while the main issues are argued.
Lump-sum settlement
Many cross-border couples prefer a one-time settlement recorded in a mutual consent divorce, which ends monthly obligations and litigation together. A properly drafted settlement deals with alimony, child support, education costs, jewellery and stridhan, withdrawal of all pending cases in India and abroad, and tax treatment of the payment. Child maintenance and custody terms remain open to revision in the child's interest.
Mistakes that cost NRIs time and money
- Ignoring a summons and facing an ex parte order with arrears.
- Understating income in the affidavit of assets.
- Paying informally with no record.
- Agreeing a lump sum without recording withdrawal of all pending cases.
A typical situation
Disclosure brought the figure down
A wife in India claims a large monthly sum from a husband abroad based on his gross salary. He files a complete affidavit with pay slips, tax returns, rent and loan statements showing net income after tax and necessary living costs, and evidence of her own employment. The court fixes interim maintenance at a fraction of the claim. Both sides, now working from accurate numbers, negotiate a one-time settlement recorded in a mutual consent divorce.
Illustration only, based on patterns we commonly see. It is not a real client's case and outcomes depend on the facts.
If you live in...
The Indian law is the same wherever you live. These are the points that differ by where you are.
USA and Canada
US and Canadian income is assessed net of tax and local living costs; child support orders there are taken into account to avoid double payment.
UK and Europe
India and the UK have long-standing reciprocal arrangements for certain maintenance orders, which can simplify enforcement; confirm the route with a UK family lawyer.
UAE and the Gulf
Tax-free salaries are counted in full. End-of-service benefits and allowances are also considered as part of earning capacity.
Country pages: UAE, Saudi Arabia, Qatar, Kuwait, Oman, Bahrain
Australia, New Zealand and Asia
An Indian order is enforced first against assets in India; enforcement abroad depends on that country's recognition rules.
Country pages: Australia, New Zealand, Singapore, Malaysia
Detailed country pages for this service: Maintenance and Alimony in India: Saudi Arabia NRIs
Documents you will need
Financial documents carry these cases. Gather:
- Marriage certificate
- Income proof: pay slips, tax returns, Form 16 or foreign equivalent
- Bank statements for the last three years
- List of assets and liabilities in India and abroad
- Monthly expense statement
- Children's school fee and medical records
- Any existing maintenance or foreign support order
- Passports and proof of residence
How we handle it for you
Financial picture
We prepare or scrutinise the affidavit of assets and liabilities and estimate a realistic range.
Filing or reply
The claim or response is filed in the most suitable forum with an application for interim maintenance or its modification.
Service and appearance
Service abroad is arranged, or exemption from appearance sought for an NRI respondent.
Interim order
The court fixes interim maintenance on affidavits, usually within months.
Final order and enforcement
After evidence the final amount is set, and recovery or settlement follows.
Frequently asked questions
Can a wife in India claim maintenance from a husband living abroad?
Yes. She can file where she resides in India. The court will serve the husband abroad, consider his foreign income and assets, and can enforce the order against his property in India.
How is maintenance calculated when the husband earns in foreign currency?
The court looks at net income after tax and necessary living costs in the country of residence, the wife's needs and income, the children's expenses and the standard of living during the marriage. There is no fixed percentage.
Can an NRI husband be arrested for not paying maintenance?
Persistent default can result in recovery warrants, attachment of property and imprisonment for each month's default under the BNSS, which can be executed if he is in India. Passport action is also possible.
Can a working wife claim maintenance?
Yes, if her income is insufficient to maintain the standard of living she had in the marriage. Her earnings reduce, but do not necessarily eliminate, the amount.
Is an Indian maintenance order enforceable abroad?
It depends on the country. Some have reciprocal enforcement arrangements or treat foreign maintenance orders as registrable; in others a fresh application is needed, with the Indian order as evidence.
Can maintenance be changed later?
Yes. Either party can apply for enhancement or reduction on a change in circumstances, such as loss of employment, remarriage or a child's increased needs.
From what date is maintenance payable?
From the date of the application, following the Supreme Court's directions, not from the date of the order. Arrears therefore build up during a slow case.
Does remarriage end maintenance?
A former wife's right to maintenance generally ends on her remarriage. Maintenance for children continues regardless.
