Maintenance law after 1 July 2024
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for maintenance of wives, children and parents. It corresponds broadly to former Section 125 of the Code of Criminal Procedure, 1973.
A Magistrate of the First Class may, on proof that a person having sufficient means has neglected or refused to maintain an eligible wife, child, father or mother, order payment of monthly maintenance in accordance with Section 144.
The provision also enables an order for interim maintenance and expenses of proceedings during pendency of the maintenance case. The statute states that an application for interim maintenance and proceeding expenses should, as far as possible, be disposed of within sixty days from service of notice.
| Subject | Current law | Earlier law |
|---|---|---|
| Maintenance of wives, children and parents | Section 144 BNSS, 2023 | Section 125 CrPC, 1973 |
| Procedure | Section 145 BNSS | Section 126 CrPC |
| Alteration in allowance | Section 146 BNSS | Section 127 CrPC |
| Enforcement of maintenance order | Section 147 BNSS | Section 128 CrPC |
Sample affidavit for maintenance application
BEFORE THE COURT OF THE LEARNED _____________ AT _____________
MAINTENANCE APPLICATION NO. ______ OF 20__
IN THE MATTER OF:
VERSUS
AFFIDAVIT
I, ____________________________, son/daughter/wife of ____________________________, aged about ____ years, residing at ____________________________________________, do hereby solemnly affirm and state as follows:
1. That I am the Applicant No. ____ in the accompanying application for maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and I am fully acquainted with the facts and circumstances of the case and competent to swear this affidavit.
2. That the relationship between the Applicant(s) and the Respondent is correctly stated in the accompanying maintenance application.
3. That the facts concerning the means of the Respondent, the needs of the Applicant(s), neglect or refusal to maintain, income, expenditure, dependants and other relevant circumstances are set out in the accompanying application and are true and correct to my knowledge and belief.
4. That I have read and understood the accompanying application. The factual statements contained therein are true and correct to my knowledge and belief, and the legal submissions are based on advice received and believed to be true.
5. That the documents and annexures filed with the accompanying application are true copies of their respective originals wherever so stated.
6. That the particulars of any other maintenance, matrimonial, domestic violence or connected proceedings between the parties, if any, have been disclosed in the accompanying application.
7. That no material fact relevant to the relief claimed has been knowingly concealed from this Hon'ble Court.
8. That this affidavit is being filed in support of the accompanying maintenance application.
DEPONENT
VERIFICATION
I, ____________________________, the above-named deponent, do hereby verify that the contents of paragraphs 1 to ____ of this affidavit are true and correct to my knowledge and belief, that no material fact has been concealed, and that nothing stated herein is false.
Verified at ____________________________ on this ____ day of __________________, 20__.
DEPONENT
Attestation:
Solemnly affirmed / sworn and signed before the competent authority in accordance with
the applicable law and local court rules.
Who may claim maintenance under Section 144 BNSS?
Subject to the statutory conditions, Section 144 covers a wife unable to maintain herself, eligible legitimate or illegitimate children, and a father or mother unable to maintain himself or herself. The statutory definition of "wife" also includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
Important drafting points
The affidavit should correspond with the actual maintenance application. Names, relationship, age of children, custody, income, liabilities, expenses and alleged neglect or refusal should not be copied from a generic precedent unless they are factually correct.
Courts may also require financial disclosure affidavits, income-and-asset statements or other documents in accordance with applicable Supreme Court directions, High Court rules, Family Court practice directions or local filing requirements. The exact format should therefore be checked for the court in which the proceeding is filed.