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Know your rights

My husband does not give money for me or my children

If your husband has money but does not support you or your children, the Family Court can order him to pay every month. The court can also give interim maintenance while the case goes on, and the amount counts from the day you applied. If he still does not pay, the court can issue a warrant and send him to jail for up to one month for every month unpaid.

Your rights

Monthly maintenance from your husband

A wife, or a divorced wife who has not remarried, who cannot support herself can ask the court for monthly maintenance for herself and her children. There is no upper limit. The Supreme Court said in 2024 (Mohd. Abdul Samad) that this applies to Muslim women too: maintenance is "not charity".

Section 144 BNSS (old Section 125 CrPC)

Protection, a place to live, and money

Any woman, of any religion, facing violence at home can ask a magistrate for a protection order, the right to keep living in the shared home even if it is not in her name, money for expenses and medical costs, and custody of children. Violence includes hitting, insults, threats, sexual abuse and taking away money.

Protection of Women from Domestic Violence Act 2005, Sections 17 to 23

What to do, step by step

  1. 1

    Make sure you are safe

    If you are in danger, call 112. For help and shelter, call 181 or go to the One Stop Centre in your district.

  2. 2

    Get a free lawyer

    Every woman is entitled to free legal aid, whatever her income. Call 15100, apply online, or walk into the legal services office at your district court. Carry your ID and any papers you have.

  3. 3

    Collect your papers

    Tick what you have. Your lawyer will also help you prepare the affidavit of your income and expenses that every maintenance case needs.

  4. 4

    Your lawyer files the case

    You can file in the court where you live now, even if it is your parents' city. Ask for interim maintenance at the same time.

What to expect

The law asks courts to decide interim maintenance within 60 days "as far as possible". In practice it often takes longer, so ask your lawyer to press for the interim order first.

See all helplines and legal aid

This is information, not legal advice. For your own case, talk to a free legal aid lawyer: call 15100.