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Maintenance application format for wife, children and parents

Guide · Last verified against the bare Acts on 2026-11-09

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

The law: old and new provisions

SubjectLaw nowBefore 1 July 2024
Maintenance of wives, children and parentsSection 144 BNSSSection 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

Documents to attach

Procedure

  1. File the application with the asset affidavit
  2. Seek interim maintenance
  3. Evidence and final order; enforce through recovery proceedings if unpaid

Common mistakes

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.

Maintenance Application formats in the library (23)

Related guides

This guide summarises the law for advocates and is not legal advice. Statutes and court rules change: check the current text before filing.