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Maintenance Petition

A maintenance petition under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 asks a court to order a person with enough means to pay a monthly amount to a wife, child or parent that person has neglected.

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IN THE [court_name] PETITION FOR MAINTENANCE UNDER SECTION 144 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 Petitioner: [petitioner_name] Address: [petitioner_address] Respondent: [respondent_name] Address: [respondent_address] Respectfully submitted: 1. That the Petitioner is the [relationship] of the Respondent and is unable to maintain herself/himself. 2. That the Respondent has sufficient means but has neglected or refused to maintain the Petitioner. The particulars of the neglect or refusal, and of the Petitioner's circumstances, are as follows: [grounds] 3. That the Petitioner is entitled to a monthly maintenance of Rs. [monthly_amount_claimed] from the Respondent. 4. That this Hon'ble Court has territorial jurisdiction to entertain this petition under Section 145 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the following reason: [jurisdiction_basis] 5. That the Petitioner is filing, along with this petition, an affidavit disclosing her/his assets, income and liabilities in the format laid down by the Hon'ble Supreme Court in Rajnesh v. Neha (2020). PRAYER It is prayed that this Hon'ble Court be pleased to: (a) direct the Respondent to pay the Petitioner a monthly maintenance of Rs. [monthly_amount_claimed] from the date of this petition; (b) grant the Petitioner interim maintenance during the pendency of this petition; and (c) pass such other orders as this Hon'ble Court deems fit. Place: ______________ Date: [petition_date] PETITIONER [petitioner_name] VERIFICATION I, [petitioner_name], the Petitioner above named, verify that the contents of paragraphs 1 to 5 of this petition are true to my personal knowledge, except paragraph(s) ______, which are based on information received and believed by me to be true, and that nothing material has been concealed. Verified at ______________ on [petition_date]. PETITIONER [petitioner_name] ENCLOSURES 1. Affidavit of disclosure of assets, income and liabilities of the Petitioner 2. Proof of the Petitioner's relationship with the Respondent 3. Documents showing the Respondent's income or means, so far as available

Maintenance Petition: what it is

A maintenance petition under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 asks a court to order a person with enough means to pay a monthly amount to a wife, child or parent that person has neglected. It replaced section 125 of the old CrPC and offers a fairly quick remedy, with interim maintenance possible while the case is pending.

When you need this document

  • A wife living separately for a valid reason has no income of her own and her husband has stopped supporting her.
  • A mother needs regular money from the father for the upkeep of a minor child.
  • An elderly father or mother cannot support themselves and an earning son or daughter refuses to help.
  • A divorced wife who has not remarried cannot maintain herself and her former husband pays nothing.

What it covers

  • The court's name and the names of the petitioner and respondent.
  • A statement that the petitioner is the respondent's wife, child or parent and cannot maintain herself or himself.
  • The grounds showing that the respondent has sufficient means but has neglected or refused to maintain the petitioner.
  • The monthly maintenance amount claimed in rupees.
  • A prayer for monthly maintenance and for interim maintenance while the petition is pending.

How to fill, sign and use it

  1. Collect proof of the relationship, your own lack of income and the respondent's job, salary, business or property.
  2. Fill in the court, the parties, the relationship, the grounds and the monthly amount, keeping the facts specific and dated.
  3. Prepare the affidavit disclosing your assets, income and liabilities, which courts now require from both sides in maintenance cases.
  4. Sign the petition and supporting affidavit, and file it in the Family Court or, where there is none, before the Judicial Magistrate with jurisdiction.
  5. Ask for interim maintenance at the first hearing and attend every date, including any mediation the court suggests.
  6. If an order is passed and payments stop, apply for recovery promptly and keep a record of every amount received.

Documents to attach or keep with it

  • Marriage certificate, wedding photographs or other proof of marriage
  • Birth certificate of the child, where maintenance is claimed for a child
  • Proof of the respondent's income, such as salary slips, tax returns or business details, so far as available
  • Affidavit of assets, income and liabilities

The law behind it

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which took over from section 125 of the Code of Criminal Procedure from 1 July 2024, lets a wife, a minor child, a major child who cannot support themselves because of a physical or mental condition, and a father or mother claim maintenance from a person with sufficient means. It applies irrespective of religion. There is no fixed upper limit; the court decides a fair amount. A wife may be refused maintenance if she refuses without sufficient reason to live with her husband or they live apart by mutual consent. Interim maintenance can be granted during the case.

Common mistakes to avoid

  • Claiming a figure without any evidence of the respondent's income or your own expenses.
  • Hiding your own income or assets, which can lead to the claim being reduced or rejected.
  • Filing in a court that lacks territorial jurisdiction over the parties.
  • Waiting too long to seek recovery of unpaid instalments after an order is passed.

Maintenance Petition: frequently asked questions

Which court do I file a section 144 BNSS maintenance petition in?

File it in the Family Court where one has been set up, otherwise before the Judicial Magistrate First Class. Section 145 lets you file where the respondent is or lives, where the wife lives, or where the respondent last lived with his wife (or with the mother of the child). Check with the local court office which court handles maintenance cases in your area.

How much maintenance can a wife get under section 144?

There is no fixed formula or cap in the section. The court looks at the respondent's income and liabilities, the petitioner's needs and standard of living, and any income the petitioner has. Both sides file a disclosure affidavit so the court can assess means properly.

Can parents claim maintenance from their son or daughter under section 144?

Yes. A father or mother who cannot maintain themselves can claim maintenance from an adult son or daughter who has sufficient means. Parents and senior citizens also have a separate, simpler remedy before the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

What happens if the husband does not pay after the order?

The petitioner can apply to the same court for recovery. The court can issue a warrant to recover the amount as a fine and can send the defaulter to jail for unpaid months. Recovery of an instalment should generally be sought within one year from the date it fell due.

Last updated 11 October 2026.

General information on Indian law, not legal advice for your situation. Stamp duty, registration and fees differ by state, so check with the local office or an advocate before you rely on it.

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