Yes, and this is actually one of the central principles Delhi courts rely on when determining maintenance amounts — the standard of living enjoyed by the parties during the marriage is a key factor courts consider, not merely bare subsistence needs. Under both Section 25 of the Hindu Marriage Act, 1955 and Section 125 of the Criminal Procedure Code (now reflected in the Bharatiya Nagarik Suraksha Sanhita), Delhi courts have consistently held that maintenance should aim to allow the dependent spouse to live with reasonable comfort comparable to what they experienced during the marriage, rather than simply covering minimal survival costs.

This principle recognises that a sudden and drastic reduction in lifestyle following divorce can itself constitute a form of hardship, and courts in Delhi have awarded maintenance amounts that reflect the paying spouse's income, assets, and the couple's shared lifestyle during the marriage — including housing standards, education choices for children, travel, and general household expenditure patterns — rather than an arbitrarily low fixed sum.

That said, "standard of living" is not an unlimited or automatic entitlement — courts balance this consideration against the paying spouse's actual current financial capacity, reasonable expenses, and other dependents they may be supporting. A spouse cannot claim maintenance calculated purely on peak lifestyle during marriage if the paying spouse's income has genuinely and demonstrably declined since separation. Courts require honest, transparent financial disclosure from both sides to arrive at a fair and realistic figure.

To successfully claim maintenance based on marital standard of living in Delhi, it helps considerably to present clear evidence of the lifestyle enjoyed during the marriage — bank statements, property records, school fee receipts, travel records, and household expenditure patterns all help build a credible picture for the court. Vague assertions about a "comfortable lifestyle" without supporting documentation tend to carry less weight than a well-evidenced financial history.

Because these claims require careful financial documentation and persuasive presentation, it is worth reaching out to the team at Aapka Legal Advice to ensure your maintenance application accurately and compellingly reflects your marital standard of living before the Delhi Family Court.

For representation, the Best Divorce Lawyers & Retired Judges in Delhi | Aapka Legal Advice platform connects clients with divorce lawyers experienced in maintenance litigation, along with a panel of retired judges who can offer realistic guidance on how Delhi courts typically calculate and award maintenance based on marital lifestyle.

In conclusion, a spouse can absolutely claim maintenance in Delhi based on the standard of living enjoyed during marriage, but success depends heavily on clear financial evidence and realistic, well-supported claims. Building this evidence early strengthens your position considerably.