Maintenance Notice
What is a Maintenance Notice?
A Maintenance Notice is a formal letter sent by a spouse who is financially dependent (or their lawyer) to the earning spouse who has stopped or refused to provide financial support. This notice asks the earning spouse to meet their legal duty of providing maintenance to the dependent spouse and/or children. If they fail to do so, legal action can be taken against them.
The notice is often the first formal step in claiming maintenance under various civil and criminal laws in India. It not only records the grievance but also provides the defaulting spouse an opportunity to resolve the issue amicably without litigation.
👉 Need to Demand Financial Support? Draft your maintenance notice using our expert format and take the first step toward securing the support you deserve.
How to Draft a Legal Notice for Maintenance?
Simply download your maintenance notice PDF online, send it to your spouse securely, or have the physical copy delivered right to your doorstep - all with professional handling and proof of receipt. Follow these easy steps to ensure your legal notice of marital dissolution is prepared or sent fast and safely.
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Sent to the Opposing PartyWhy Choose DigiLawyer for Drafting Maintenance Notice?
Need to send a legal notice demanding spousal or child maintenance from your spouse? We make it simple - With DigiLawyer, you get help from experienced family lawyers, get strong legal documents, and quick delivery - all without leaving your home.
How Can DigiLawyer Help You?
Easy Drafting: No legal jargon. No confusion. Just a clean, guided process that helps you draft a well-formatted maintenance notice in minutes. Whether you do it yourself or get a little help from our legal experts, we make sure it’s clear, confident, and to the point.
Legal Validation: Every notice is reviewed, signed, and stamped by a licensed advocate ensuring it meets legal standards, increases enforceability, and stands strong in any legal scrutiny.
Downloadable Format: Your finalized draft of maintenance notice is available online for instant download in PDF format - ready to print, share, or archive for your records.
Convenient Delivery: Choose how your notice is delivered: via WhatsApp, email, speed post, or registered courier. We ensure your notice is sent securely, professionally, and with proper documentation of delivery and proof.
Common Reasons for Sending a Maintenance Demand
A Maintenance Notice is generally issued in situations such as:
- Refusal to provide financial support by the earning spouse
- Abandonment or desertion of the dependent spouse and/or children
- Neglect of legal duties towards the household, despite capability to pay
- Denial of child support for education, health, and basic necessities
- Mental harassment, cruelty, or domestic violence leading to financial separation
- When informal communication and repeated requests for financial help are ignored
- Financial control or coercion used to oppress or punish the other spouse
When to Send a Legal Notice for Spousal or Child Support?
A legal notice demanding maintenance should be sent when:
- The dependent spouse is financially distressed and not receiving any monetary help
- The earning spouse has left the matrimonial home or is living separately
- The spouse has failed to provide child support for education, healthcare, etc.
- Repeated informal attempts have failed and there is no resolution in sight
- You intend to initiate legal proceedings, and want to give the spouse a final opportunity to comply voluntarily
- There’s a need to create documented evidence before approaching the court
Timely issuance of this notice can serve as both a reminder and a legal warning, giving the spouse a chance to respond before the matter escalates.
Key Details to Include in a Maintenance Notice Format
A properly drafted notice for spousal or child support typically includes:
- Name and address of the recipient spouse
- Marriage date and brief summary of marital relationship
- Allegations of abandonment, financial neglect, or cruelty
- Details of child(ren), if any, and their unmet needs
- Statement of past efforts made to seek maintenance (calls, texts, emails)
- Reference to legal provisions breached (e.g., BNSS, DV Act, Constitution)
- Demand for monthly maintenance amount and compensation
- Call to clear past arrears and commit to regular payments
- Statement of intent to initiate legal proceedings if ignored
- Reference to remedies like protection orders or residence rights
- A stipulated period (e.g., 7-15 days) for compliance
- Advocate’s name, contact, and legal warning of further action
Such notices are typically served through an advocate to ensure seriousness and compliance.
Consequences of Ignoring a Maintenance Notice
If the earning spouse ignores the legal notice demanding child or spousal maintenance:
- The dependent spouse may file a petition for maintenance under:
- Section 144 of BNSS (for wives, children, parents)
- Protection of Women from Domestic Violence Act, 2005
- Hindu Adoption and Maintenance Act, 1956
- Courts may order:
- Monthly maintenance based on income of the spouse
- Child support and education expenses
- Compensation for mental harassment and legal costs
- Residence rights or protection orders
- Willful default may lead to arrest warrants, recovery of dues, or civil detention
- Continuous neglect may amount to economic abuse and cruelty, and strengthen divorce or custody claims
Ignoring such a notice reflects badly before the court and may lead to adverse legal outcomes.
Governing Laws
Maintenance Notices and subsequent actions are governed by several laws in India:
- Protection of Women from Domestic Violence Act, 2005 (Sections 18–22)
- Hindu Adoption and Maintenance Act, 1956
- Special Marriage Act, 1954, Indian Divorce Act, 1869, and Muslim Women (Protection of Rights on Divorce) Act, 1986- depending on religion
- Constitution of India- particularly Article 21 (Right to Life with Dignity)
- Bharatiya Nagarik Suraksha Sanhita, 2023
Failure to comply with these duties may result in civil liability, criminal penalties, and court-enforced monetary relief.
FAQs Related to Maintenance Notice
While not mandatory, it helps build a strong case, gives the defaulting spouse a chance to resolve the matter, and shows goodwill on part of the claimant.
Yes. If the wife is financially capable and the husband is dependent due to valid reasons (e.g., disability, job loss), he can seek maintenance under the law.
There is no fixed amount. Courts assess it based on the earning capacity of the spouse, number of dependents, lifestyle, and basic needs.
Yes. A parent may claim maintenance for a minor child’s needs separately, even if spousal maintenance is declined or waived.
You can immediately proceed with filing a maintenance petition in the appropriate family or magistrate court, claiming arrears, costs, and interim relief.
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