Family
Maintenance in Hyderabad: Documents and Evidence Courts Consider

The short answer
Maintenance in Hyderabad is fact-specific. There is no fixed percentage of salary.
The court looks at:
- the needs of the claimant (and of children, if claimed);
- the actual means of the person asked to pay — not the means recited in a speech;
- the standard of living of the marriage;
- other dependants and liabilities;
- the evidence, including the disclosure affidavit.
Concealment of income is often more important than the adjective attached to the other spouse.
This is general information. It is not a quantification of any claim.
Which statute?
| Provision | Typical use |
|---|---|
| Hindu Marriage Act, 1955, Sections 24 and 25 | Interim and permanent alimony in a pending or concluded HMA proceeding |
| BNSS Section 144 (old Section 125 CrPC) | A separate maintenance proceeding, including for a wife, children and parents as the section allows |
| DV Act, 2005, Section 20 | Monetary relief in a domestic-violence proceeding |
| Hindu Adoptions and Maintenance Act, 1956, Section 18 | A Hindu wife’s claim to be maintained by her husband, on the conditions of that section |
Which one fits is a legal choice. Stacking them as if they were extra percentages is how pleadings become confused.
For new matters, identify whether the BNSS or the CrPC governs the procedural claim. For offences and procedure after 1 July 2024, Section 144 BNSS occupies the field of Section 125 CrPC.
Documents that actually move the needle
- salary slips, Form 16, ITRs, bank statements, GST and business accounts where they exist;
- proof of rent, school fees, medical costs, and the claimant’s needs;
- proof of other liabilities and dependants;
- the affidavit of disclosure in the form required by Rajnesh v. Neha (2021) 2 SCC 324;
- prior orders, if any.
A round figure with no paper is an invitation to disbelief. Family Courts at Hyderabad have heard every story about “cash income the other side hides”. They still want a document.
Conduct
Conduct may be relevant under some provisions. It is not a licence to starve a dependant, and not a licence to invent a figure.
Related: mutual consent divorce in Hyderabad and family law. Contact with the affidavits and the accounts.
Nothing in this article is a quantification of any maintenance claim or a promise of any interim order.
Statutes referred
- Hindu Marriage Act, 1955, Sections 24 and 25
- Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 (former Section 125 CrPC, where the BNSS applies)
- Protection of Women from Domestic Violence Act, 2005, Section 20
- Hindu Adoptions and Maintenance Act, 1956, Section 18
Questions
How is maintenance calculated in Hyderabad?
There is no tariff. The court looks at the claimant’s needs, the paying party’s actual means, the standard of living, other dependants, and the evidence. A percentage copied from a website is not a decree.
Can a wife claim maintenance if she earns?
Independent income is relevant. It is not an automatic disqualification. Contribution, child-care, and the standard of living still matter. The facts of the particular marriage decide.
Which law should I file under?
It depends on the marriage, the relief, and the forum. Sections 24 and 25 of the Hindu Marriage Act, Section 144 BNSS (old 125 CrPC), Section 20 of the DV Act, and Section 18 of the Hindu Adoptions and Maintenance Act are different tools. They are not a menu of stacked percentages.
What is the Rajnesh v. Neha affidavit?
In Rajnesh v. Neha (2021) 2 SCC 324 the Supreme Court directed standardised affidavits of disclosure of assets and liabilities in maintenance matters. Family Courts in Telangana take that disclosure seriously. Concealment is often more important than the caption of the petition.
Related practice
Related articles
- Senior Citizens Act: Cancellation of Gift Deed for Neglect before the Medchal Maintenance Tribunal
- Interim Maintenance Under Section 144 BNSS: Asset & Liability Affidavits in Hyderabad Courts
- DV Act Proceedings: Interim Relief in Medchal Magistrate Courts
- Matrimonial Cruelty under Sections 85 & 86 BNS: Anticipatory Bail Strategy and Defences