Your Husband Has Stopped Giving Money. Now What?
It started with an argument. Then the money stopped coming. Maybe he transfers nothing to your account. Maybe he gives you just enough for groceries and nothing else — not for the children's school fees, not for your medicines, not for the house rent. You are dependent on him and he knows it. And he is using that to control you.
This is not just cruel. It is illegal. Under Hindu law, a husband has a binding legal duty to maintain his wife during her lifetime. This obligation exists whether or not you are living together, whether or not a case is pending in court, and whether or not you want a divorce. The law has two strong weapons ready for you — and you can use them immediately.
This article explains exactly what your rights are, which courts you can approach, and how quickly you can expect to get relief. All the legal positions described here come directly from the Hindu Adoptions and Maintenance Act, 1956 (HAMA) and the Hindu Marriage Act, 1955 (HMA), as interpreted by courts across India.
Your Right to Maintenance Without Filing for Divorce — Section 18 HAMA
Most women do not know this: you do not have to file for divorce to get maintenance. Under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu wife — whether married before or after the Act came into force — is entitled to be maintained by her husband during her entire lifetime.
The courts have been clear that this obligation is not tied to whether the husband has property. It is a personal obligation that arises from the marriage itself. In the words of the courts: "The doctrine of maintenance to the wife sprang from her matrimonial tie which obligates the husband to maintain the wife during his lifetime regardless of his possessing any property." This moral obligation under the old Hindu texts has been made a strict legal liability under the Act.
The burden is on the husband to prove that the wife is not entitled to maintenance — not on you. If he says he cannot pay, he must prove it. If he says you are not entitled, he must prove why. The default position of the law is in your favour.
What does "maintenance" include? Section 3(b) of the Act gives an inclusive definition: food, clothing, residence, education, and medical attendance and treatment. The Supreme Court has also confirmed that maintenance includes the right to residence. So if he throws you out of the matrimonial home, that too is a maintenance-related wrong.
One more important point: if you do not claim maintenance for a long time, courts have sometimes restricted arrears to one year. So if your husband is not giving money, do not wait. Approach a court as soon as possible.
Can You Leave the House and Still Get Maintenance?
Yes — and this is a question many wives are afraid to ask. Under Section 18(2) of HAMA, a Hindu wife can live separately from her husband without losing her right to maintenance, if any of the following grounds exist:
- Desertion: He abandoned you without reasonable cause, or against your wishes, or is wilfully neglecting you. Courts have held that even failing to take the wife to his place of service while leaving her alone in the village amounts to neglect that justifies separate residence.
- Cruelty: He has treated you so badly that there is a reasonable fear in your mind that it will be harmful or injurious to live with him. This covers both physical and mental cruelty — including false accusations of unchastity and harassment for dowry.
- Second wife: If he has another wife living. You can leave and still claim maintenance.
- Concubine: If he keeps a concubine in the same house or habitually lives with a concubine elsewhere.
- Leprosy (virulent form).
- Conversion: If he has stopped being a Hindu by converting to another religion.
- Any other justifiable cause. This is a residuary clause. Courts have used it where the husband's conduct is blameworthy even if it does not reach the level of cruelty — for example, where he sold the matrimonial home without her knowledge.
If you have left the house because of any of these reasons, you have not forfeited your right to maintenance. Courts will look at the husband's conduct, and if it is blameworthy, you will be protected.
The court can also adjust the quantum of maintenance to include the expenses of your separate residence — the rent of the place where you are now living can be factored in.
One thing to be aware of: if you have left the house voluntarily without justifiable cause and your husband has genuinely tried to take you back, the court may reduce or deny maintenance. But where there is cruelty, desertion, or any of the listed grounds, you are protected.
Emergency Money While Your Court Case Is Running — Section 24 HMA
Suppose you have filed a case in court — whether for maintenance, for divorce, for nullity, for restitution of conjugal rights, or any matrimonial matter under the Hindu Marriage Act. The case will take time. Months. Sometimes years. You cannot wait that long without money. What do you do?
You apply for maintenance pendente lite — which in plain language means "maintenance while the case is running." This is governed by Section 24 of the Hindu Marriage Act, 1955. It allows either party — wife or husband — who does not have sufficient income to maintain themselves and meet court expenses, to ask the court to order the other side to pay monthly maintenance and litigation expenses during the pendency of the case.
The courts have repeatedly said that this application must be decided quickly — it should not wait for the main case to be over. In Arti Singh v. Kunwar Pal Singh, AIR 1977 Del 76, it was held that the court cannot postpone the maintenance application pending the final decision — without money to attend court, how will the wife even contest the main case? Several courts have gone further and said that if the husband does not pay interim maintenance despite a court order, his defence can be struck off and the wife's version accepted as correct.
What does the court look at for Section 24? Primarily, whether the applicant has any independent income sufficient for support, and what the income of the other side is. The court does not need to go into great detail — it can decide the matter on affidavits without a long trial. Even if the husband denies the marriage, even if he raises jurisdictional objections, the court can still grant interim maintenance on a prima facie basis.
If the husband conceals his true income, courts draw an adverse inference against him. As Jasbir Kaur v. District Judge, Dehradun, AIR 1997 SC 3397 confirmed, where husbands do not disclose income, the court can do a reasonable estimate based on lifestyle, assets, and other factors.
The fact that the wife is being supported by her parents or brother, or that she is capable of earning, is not by itself a ground to deny her interim maintenance. What matters is whether she actually has sufficient independent income — not whether she could earn.
This distinction is important. Many husbands argue: "She is educated, she can work." The courts have rejected this. Potential earning capacity is not the same as actual independent income. Until she is actually earning enough, she remains entitled to maintenance.
How Much Maintenance Can You Get?
There is no fixed formula, but there are clear principles that courts follow. Under Section 23 of HAMA, the court considers:
- The position and status of the parties
- The reasonable wants of the wife
- Whether she is justified in living separately (if applicable)
- The value of her own property and any income she earns
- The number of persons entitled to maintenance
For interim maintenance under Section 24 HMA, the courts generally award between one-third and one-fifth of the husband's income, depending on the facts. The court also takes into account inflation and the cost of living — it can build in an escalation clause so you do not have to keep coming back to court every few years.
Courts across India have made clear that after marriage, a woman takes on the family name and lifestyle of the husband. She is entitled to the same standard of living she enjoyed in the matrimonial home. As one Delhi High Court judgment in Meenu Chopra v. Deepak Chopra, AIR 2002 Del 131 said: "If she has to suffer his miseries, she has the right to enjoy his affluency also."
In terms of amounts, courts have awarded anywhere from a few thousand rupees per month in cases of modest income, to Rs 40,000 per month or more in cases where the husband is a senior professional or business person. The starting point is always the husband's actual income — and if he hides it, the court will make a reasonable estimate.
From when does maintenance start? Courts have the power to make the order effective from the date of filing of the original petition — not just from the date the maintenance application was decided. This is important: if your case has been pending for one year, you can potentially get arrears from the date of filing.
The Criminal Court Route — Faster and Simpler
Alongside the civil remedies under HAMA and HMA, there is a third option: Section 125 of the Code of Criminal Procedure (now under the Bharatiya Nagarik Suraksha Sanhita). This provision allows a wife who is unable to maintain herself to apply to a Magistrate's court for maintenance from her husband.
This route is often faster and simpler than a civil suit because the procedure is less formal and the court — a Judicial Magistrate — is closer to most women. The maximum amount that can be ordered under this provision has been periodically revised upwards, and recent Supreme Court guidelines (including the important case of Rajnesh v. Neha, 2020 SCC Online SC 903) have laid down detailed directions on how maintenance must be decided, processed and enforced, making this remedy more effective than before.
Importantly, having a Section 125 CrPC order does not bar you from also filing under HAMA Section 18. Both can coexist — though courts will adjust the amounts to avoid double recovery. If you are also facing domestic violence, you can additionally seek monetary relief under the Protection of Women from Domestic Violence Act, 2005, which allows the Magistrate to award maintenance-type relief called "monetary relief" very quickly.
One practical note: if you already have an order under Section 125 and the amounts are not sufficient for your support, you can still apply under HAMA Section 18 before a civil court for a higher amount — the criminal court order does not bar you from civil proceedings.
What Should I Actually Do Now?
- Document the financial cut-off. Collect evidence that your husband has stopped providing money — old bank statements showing his transfers that have now stopped, messages where he refuses to give money, receipts showing you are paying household expenses yourself.
- List your expenses and his income. Write down your monthly needs: rent, school fees, groceries, medicines, transport. Also try to estimate his income — salary slips if you have them, his car, his lifestyle, his business. Courts will ask both sides to file affidavits of income and assets.
- Consult a lawyer immediately. The remedy you use — Section 18 HAMA, Section 24 HMA, or Section 125 CrPC — depends on your specific situation. A lawyer will advise which forum is fastest for you and how to frame your application.
- File an application for interim maintenance at the earliest. If any case is already pending in court (even a case filed by the husband), you can immediately apply for maintenance pendente lite under Section 24 HMA. The court must decide this application before proceeding further on the main case.
- Consider the criminal route for speed. A Section 125 application before a Magistrate can often be filed within days and courts are increasingly fast-tracking these. This gives you a temporary lifeline while any civil case proceeds.
- If you are facing domestic violence alongside financial cut-off, also file a complaint under the Protection of Women from Domestic Violence Act — this can get you both residential and monetary relief very quickly through the same court.
- Follow up on enforcement. If the court orders maintenance and the husband does not pay, there are execution mechanisms — contempt of court, arrest warrant, attachment of salary or bank account. Do not let a court order go un-enforced.
- Keep attending court dates. In interim maintenance proceedings, the court can pass an ex parte order (without the husband) if he refuses to appear — but you must be present and show you are serious about your rights.
Your Rights Are Real — Use Them
Being cut off financially by your husband is one of the most terrifying positions a woman can find herself in. But the law — specifically designed for this situation — gives you not one but multiple remedies, some of which can start working within weeks of filing.
You do not have to choose between staying in the marriage and getting money. Section 18 HAMA was created precisely so that a wife can demand maintenance from her husband without having to file for divorce. You do not have to prove adultery, cruelty, or any extreme ground to get basic maintenance — you only have to show you are his wife and he is not maintaining you.
The courts have consistently said that the husband cannot escape his obligation by becoming a sadhu, by quitting his job, by hiding his income, or by making allegations of misconduct against the wife. As long as he is an able-bodied person capable of earning, the duty to maintain you does not go away.
If you are in this situation, the first step is to speak to a lawyer who can help you identify the fastest route for your specific case. Pinaka Legal handles maintenance matters and can guide you on which court, which provision, and what timeline to expect. Call +91 8595704798 or email info@pinakalegal.com.
Written by the Pinaka Legal Editorial Team. For queries, call +91 8595704798 or email info@pinakalegal.com.
Frequently Asked Questions
My husband has not given me a single rupee in three months. Can I get maintenance without filing for divorce?
Yes, absolutely. Under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu wife is entitled to maintenance from her husband during her entire lifetime — regardless of whether a divorce case is filed. You can file a civil suit for maintenance in a family court or district court without any divorce proceedings at all. The husband's duty to maintain you arises from the marriage itself.
I left the matrimonial home because of cruelty. Have I lost my right to maintenance?
No. If you left because of cruelty, desertion, a second wife, or any other justifiable cause listed under Section 18(2) HAMA, you retain your full right to maintenance. The law specifically recognises that a wife who leaves because of the husband's misconduct should not be penalised financially. You must be prepared to state the reason for leaving when you file your case.
There is already a divorce case running. Can I get maintenance while the case is going on?
Yes. This is called maintenance pendente lite under Section 24 of the Hindu Marriage Act. You can file an application in the same court where the divorce case is pending. The court must decide this application quickly — it cannot be deferred until the end of the main case. Once granted, the husband must start paying every month or face contempt proceedings.
My husband says he has no income because he quit his job. Does that end my right to maintenance?
No. Courts have repeatedly held that a husband who voluntarily incapacitates himself from earning cannot use that as a shield. If he is an able-bodied person capable of working, the court will estimate a reasonable earning capacity and fix maintenance accordingly. Mere resignation from a job does not discharge his obligation.
How quickly will I get money after filing a maintenance case?
It depends on the court and the type of application. An interim maintenance order under Section 24 HMA or Section 125 CrPC can come within weeks in many courts, especially if the matter is taken up urgently. A final decree of maintenance under HAMA Section 18 through a civil suit takes longer — typically several months to a year or more — which is why the interim application is so important.
The husband claims I have committed adultery. Can the court refuse my maintenance because of this?
In an interim maintenance application, the court does not go into the merits of such allegations — it decides on a prima facie basis. Even an allegation of adultery is insufficient to deny interim maintenance. For final maintenance under Section 18(3) HAMA, unchastity can disentitle you to maintenance — but the husband must prove it, and mere allegations are not enough. Courts have consistently dismissed bald accusations without evidence.
I am educated and previously worked. Does that mean I will not get maintenance?
Not automatically. The test is whether you have sufficient independent income right now — not whether you are capable of earning. If you left your job after marriage or are not currently employed, your potential earning capacity is not the deciding factor. Courts have granted maintenance even to qualified professionals who were not drawing any salary at the time of filing.
My husband is hiding his income. How will the court decide how much to give me?
If your husband does not disclose his income — or gives figures the court finds unconvincing — an adverse inference is drawn against him. The court will estimate his income based on his lifestyle, assets, car, standard of living, and any information you can provide. Courts have the power to call for documents like salary slips, bank statements, and IT returns. His silence works against him.
Can I get maintenance arrears from before I filed the case?
Generally, maintenance is ordered from the date of the suit or application. Courts typically do not award maintenance for periods before filing. This is another reason to file as soon as possible — the longer you wait, the more financial loss you suffer. Courts have sometimes limited arrears to one year if you waited too long.
My husband got maintenance ordered against him but is not paying. What can I do?
You can file an execution application in court. If the husband continues to default, the court can issue a warrant for the levying of the amount, attach his salary or bank account, or in extreme cases sentence him to imprisonment. In divorce proceedings, courts have also struck off the husband's defence entirely when he repeatedly fails to pay ordered maintenance — meaning his version of events is no longer heard.
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