Maintenance Petition Format under Section 144 BNSS (Old Section 125 CrPC)
Sample petition format for claiming maintenance by a wife, eligible child, father or mother under the current criminal-procedure law in India, together with filing notes, interim-maintenance guidance and an affidavit format.
Current law: Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Section 144 BNSS deals with orders for maintenance of wives, children and parents. Broadly, where a person having sufficient means neglects or refuses to maintain a person falling within the statutory categories, a Magistrate of the first class may, on proof of the required facts, direct payment of a monthly maintenance allowance at a rate considered fit.
The provision also permits interim maintenance and expenses of the proceeding during the pendency of the case. The statutory text further 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.
Unlike the obsolete wording still found on many older webpages, the present provision does not prescribe a fixed ceiling such as ₹500 per month. The amount depends on the facts, needs, means, liabilities and evidence before the court.
Who can claim maintenance under Section 144 BNSS?
Subject to the statutory requirements, Section 144 covers a wife unable to maintain herself; a legitimate or illegitimate child falling within the categories specified by the section; a major child, other than a married daughter, who is unable to maintain himself or herself because of physical or mental abnormality or injury; and a father or mother unable to maintain himself or herself.
For this chapter, the expression "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
Where can a maintenance petition be filed?
Section 145 BNSS contains the territorial rules for proceedings under Section 144. Depending on the case, proceedings may be taken in a district where the respondent is, where the respondent or wife resides, where the spouses last resided together, or-where the claim is by a father or mother-where the father or mother resides.
The precise forum may also depend on whether a Family Court has been established and on the applicable local judicial arrangement. Use the court designation actually exercising maintenance jurisdiction in the district. Do not copy the heading "Principal Family Judge" mechanically if that is not the proper court for the place of filing.
Sample Maintenance Petition under Section 144 BNSS
This is a general drafting model. Facts, parties, court designation, local filing rules, prayer amount and supporting documents must be adapted to the actual case.
IN THE COURT OF THE COMPETENT FAMILY COURT / JUDICIAL MAGISTRATE OF FIRST CLASS AT __________
MAINTENANCE CASE NO. ______ OF 20__
IN THE MATTER OF:
Mrs. ____________________,
aged ____ years, residing at ________________________________
…Applicant / Petitioner
VERSUS
Mr. ____________________,
aged ____ years, residing at ________________________________
…Respondent
APPLICATION / PETITION UNDER SECTION 144 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR MAINTENANCE, INTERIM MAINTENANCE AND EXPENSES OF PROCEEDING
MOST RESPECTFULLY SHOWETH:
1. That the Applicant No. 1 is the legally wedded wife of the Respondent. The marriage between the parties was solemnised on __________ at __________ according to __________ rites and ceremonies. The marriage was registered before __________, if applicable. A copy of the marriage certificate / proof of marriage is annexed as Annexure A-1.
2. That after the marriage, the Applicant and the Respondent resided together at ________________________________. The parties last resided together at ________________________________.
3. That the following child / children were born from the marriage, if applicable: ________________________________. The child / children are presently residing with ________________________________ and are dependent for food, residence, education, medical care and other necessary expenses.
4. That from about __________ the matrimonial relationship deteriorated on account of ________________________________. The relevant material facts may be stated here briefly, accurately and chronologically.
5. That on __________ the Applicant was compelled to leave / was excluded from the matrimonial home / started residing separately for sufficient reasons, namely ________________________________.
6. That despite having sufficient means, the Respondent has neglected or refused to provide reasonable maintenance to the Applicant and/or the dependent child / children. The Respondent has paid only ₹__________, if any, during the period __________.
7. That the Applicant has no independent income sufficient for her maintenance and/or for the proper maintenance of the child / children. Her present monthly income, if any, is approximately ₹__________ and her essential monthly expenses are approximately ₹__________.
8. That the Respondent is employed / engaged in business / profession as ________________________________ and, to the Applicant's knowledge, earns approximately ₹__________ per month. The Respondent also has the following assets / sources of income, if known: ________________________________.
9. That the Applicant's reasonable monthly requirements include residence, food, utilities, transport, clothing, medical expenses, education and child-related expenses, litigation expenses and other necessary expenditure, details of which are disclosed in the accompanying statement / affidavit of assets, income and liabilities.
10. That there are / are not any other maintenance, matrimonial, domestic-violence or related proceedings between the parties. Details of any previous or pending proceeding and any amount already ordered or paid are as follows: ________________________________.
11. That this Hon'ble Court has territorial jurisdiction because ________________________________, including the applicable ground under Section 145 BNSS.
12. That the cause of action first arose on __________ and continues because the Respondent has failed to provide adequate maintenance.
13. That the Applicant is entitled to maintenance under Section 144 BNSS and also seeks interim maintenance and reasonable expenses of the proceeding during pendency of this case.
PRAYER
In these circumstances, the Applicant respectfully prays that this Hon'ble Court may be pleased to:
(a) direct the Respondent to pay maintenance of ₹__________ per month to the Applicant and ₹__________ per month for each dependent child / other eligible claimant, from the date permitted by law and as directed by this Hon'ble Court;
(b) pending final disposal, direct payment of interim maintenance of ₹__________ per month and litigation / proceeding expenses of ₹__________;
(c) direct disclosure of such income, employment, bank, tax, property and financial records as may be necessary for a fair determination of maintenance;
(d) take into account and appropriately adjust any maintenance already ordered or paid in another proceeding, if applicable; and
(e) pass any other order considered just and proper in the facts and circumstances of the case.
APPLICANT / PETITIONER
THROUGH COUNSEL
____________________, Advocate
Place: __________
Date: __________
VERIFICATION
I, ____________________, the Applicant above named, verify that the contents of paragraphs ____ to ____ are true to my personal knowledge, paragraphs ____ to ____ are based on records / information believed to be true, and that nothing material has been concealed.
Verified at __________ on this ____ day of __________, 20__.
APPLICANT / PETITIONER
Supporting Affidavit for a Maintenance Petition
The Supreme Court in Rajnesh v. Neha issued nationwide directions requiring disclosure of assets and liabilities in maintenance proceedings. The concise affidavit below supports the petition itself, but parties should also use the detailed income/assets/liabilities disclosure format required by the court and the Supreme Court directions.
IN THE COURT OF THE COMPETENT FAMILY COURT / JUDICIAL MAGISTRATE OF FIRST CLASS AT __________
MAINTENANCE CASE NO. ______ OF 20__
AFFIDAVIT
I, ____________________, aged ____ years, residing at ________________________________, the Applicant in the accompanying maintenance petition, do hereby solemnly affirm and state as follows:
1. I am the Applicant in the accompanying petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and I am acquainted with the facts of the case.
2. I have read and understood the contents of the accompanying petition. The statements made therein are true and correct to my knowledge, information and belief, subject to the specific sources stated in the petition.
3. My marital status, present residence, employment, income, assets, liabilities, dependants and recurring expenses are correctly disclosed in the affidavit / statement of assets and liabilities filed with this petition.
4. I have disclosed all previous and pending proceedings relating to maintenance, matrimonial relief, domestic violence or monetary relief, and all maintenance amounts ordered, received or paid, if any.
VERIFICATION
I verify that the contents of this affidavit are true and correct to my knowledge and belief, that no material fact has been concealed and that the documents filed with it are true copies of their respective originals, where stated.
Verified at __________ on this ____ day of __________, 20__.
DEPONENT
Documents commonly considered for a maintenance case
Depending on the facts and the local filing rules, useful documents may include proof of marriage or relationship, identity and address proof, children's birth certificates, proof of school and medical expenses, bank statements, salary slips, income-tax records, proof of rent and household expenditure, documents concerning the respondent's employment or assets where lawfully available, copies of prior maintenance or matrimonial orders, and the prescribed affidavit of disclosure of assets and liabilities.
Supreme Court guidance on maintenance
In Rajnesh v. Neha, the Supreme Court laid down directions intended to bring consistency to maintenance proceedings. Among other matters, the Court required affidavits disclosing assets and liabilities, directed disclosure of earlier maintenance proceedings to avoid overlapping awards, identified relevant factors for determining quantum, and stated that maintenance should be awarded from the date of the application.
Official sources and updated legal links
Frequently Asked Questions
Is Section 125 CrPC still the section for a new maintenance petition?
For a proceeding governed by the current BNSS framework, the corresponding provision is Section 144 BNSS. Section 531 BNSS nevertheless preserves the old CrPC for specified proceedings that were already pending before commencement of the BNSS.
Can interim maintenance be requested?
Yes. Section 144 expressly permits interim maintenance and expenses of the proceeding during pendency of the main application.
Is there a statutory ₹500 ceiling?
No. That figure is outdated. Section 144 BNSS states that maintenance may be ordered at such monthly rate as the Magistrate thinks fit.
Does a divorced wife fall within the definition of wife?
For this chapter, "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
Should earlier maintenance cases be disclosed?
Yes. The Supreme Court's directions in Rajnesh v. Neha require disclosure of previous maintenance proceedings and orders so that the court can consider appropriate adjustment or set-off and avoid conflicting or overlapping awards.
Legal note: This page provides a general legal format and explanatory information. Court designation, pleadings, affidavits, annexures, court-fee requirements and local practice may vary. A petition should be adapted to the facts and the rules of the competent court.