Maintenance application format for wife, children and parents
A wife, child or parent unable to maintain themselves can claim monthly maintenance from a person with sufficient means who neglects or refuses to maintain them, under Section 144 BNSS (formerly Section 125 CrPC). Maintenance can also be claimed under Sections 24 and 25 of the Hindu Marriage Act, Section 18 of HAMA and Section 20 of the DV Act.
Key points
- Section 144 BNSS (formerly 125 CrPC); interim maintenance during the proceedings, ordinarily decided within 60 days of notice.
- Both parties must file an affidavit of disclosure of assets and liabilities (Rajnesh v. Neha, (2021) 2 SCC 324).
- Maintenance under different laws is adjusted, not duplicated (Rajnesh v. Neha).
- Pendente lite maintenance and litigation costs: Section 24 HMA; permanent alimony: Section 25 HMA.
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Maintenance of wives, children and parents | Section 144 BNSS | Section 125 CrPC |
| Maintenance pendente lite (Hindus) | Section 24 Hindu Marriage Act | — |
Which court or authority
Family Court, or the Magistrate where there is no Family Court.
What the document should contain
- Relationship and dates (marriage, birth of children)
- Neglect or refusal to maintain
- The applicant’s inability to maintain herself/himself
- The respondent’s income and means
- Amount claimed and interim maintenance
- Affidavit of assets, income and expenditure
Documents to attach
- Marriage certificate and birth certificates
- Evidence of the respondent’s income (salary slips, ITRs, business records)
- Expense details (school fees, rent, medical)
- Affidavit of assets and liabilities in the Rajnesh v. Neha format
Procedure
- File the application with the asset affidavit
- Seek interim maintenance
- Evidence and final order; enforce through recovery proceedings if unpaid
Common mistakes
- No disclosure affidavit
- No evidence of the respondent’s income
- Ignoring maintenance already awarded in another proceeding
Frequently asked questions
Which section is used for maintenance after 1 July 2024?
Section 144 of the BNSS, which replaced Section 125 CrPC.
Can a working wife claim maintenance?
Yes, if her income is insufficient to maintain herself at the standard she was used to; the court compares both parties’ means.