How much maintenance can a wife claim during divorce proceedings?

Maintenance during the pendency of divorce proceedings is called maintenance pendente lite, governed by Section 24 of the Hindu Marriage Act. It applies where either spouse has no independent income sufficient for their support and the expenses of the case, and the court can order the other spouse to pay a reasonable monthly amount, plus litigation expenses, for as long as the case is ongoing.

There is no fixed statutory percentage — the amount is decided case by case based on the husband's income and means, your reasonable needs and standard of living during the marriage, whether you have any income or earning capacity of your own, and the number of dependants either of you supports. That said, Indian courts have, over time, developed rough benchmarks in practice — maintenance pendente lite is commonly set in a range that supreme court guidance (in cases like Rajnesh v. Neha, 2020, which laid down a detailed framework for maintenance) suggests should generally not exceed around 25% of the husband's net monthly income as a guiding reference point, though this is not a rigid rule and courts regularly go above or below it depending on the specific facts.

To support your application, you will typically need to file an affidavit disclosing both spouses' income, assets, and liabilities — the Rajnesh v. Neha judgment made this affidavit of disclosure mandatory in maintenance proceedings across India, precisely to stop parties from concealing income. Gather your husband's salary slips, ITR, or business income evidence if you have access to them, along with your own list of monthly expenses, since a well-documented application tends to result in a more realistic maintenance order.

Since maintenance amounts vary significantly based on individual facts, I'd recommend having a family lawyer review your husband's likely income and your specific expenses to give you a realistic range before you file, rather than relying on percentage rules of thumb alone.