Criminal

Application for Maintenance of Wife Children or Parents under Section 144 BNSS

An application for maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is a criminal proceeding filed by a wife, minor child, major child unable to maintain itself, or parent who has been neglected or refused maintenance by a person with sufficient means. The application seeks a monthly allowance to ensure the applicant's survival and basic welfare.

This application is filed before the Family Court, where constituted, or the Court of the Judicial Magistrate First Class. It replaces the erstwhile Section 125 of the Code of Criminal Procedure, 1973, and must be accompanied by a mandatory affidavit of disclosure of assets, income, and liabilities by both parties, as required by the Supreme Court's directions.

Draft this in LexPilot — freeHow AI drafting works
Governing law
BNSS 2023 s.144
Sections
s. 144
Filed before
Family Court / Court of Judicial Magistrate

When this is the right filing

  • When a wife is unable to maintain herself and her husband has neglected or refused to provide maintenance despite having sufficient means.
  • When a legitimate or illegitimate minor child has been neglected or refused maintenance by a parent.
  • When a major child is unable to maintain itself due to any physical or mental abnormality and has been neglected or refused maintenance.
  • When a parent is unable to maintain themselves and their adult child has neglected or refused to provide maintenance.
  • Do not use this application if the wife is living in adultery, refuses to live with her husband without sufficient reason, or is living separately by mutual consent, unless these defences are specifically pleaded and rebutted.

What the court looks for

  • A clear statement of the relationship between the applicant and the respondent, establishing the legal basis for the claim.
  • A specific pleading that the respondent has sufficient means but has neglected or refused to maintain the applicant, who is unable to maintain themselves.
  • A complete and truthful Affidavit of Disclosure of Assets, Income and Liabilities from the applicant, with all heads filled and 'Nil' stated where inapplicable.
  • A rebuttal of any anticipated statutory defence, such as the wife living in adultery or refusing to live with the husband without sufficient reason.
  • A properly structured prayer seeking monthly maintenance, interim maintenance pending disposal, and litigation expenses.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Synopsis
  2. 2List of dates & events
  3. 3Facts
  4. 4Grounds
  5. 5Prayer
  6. 6Affidavit in support
  7. 7Affidavit of disclosure of assets, income and liabilities
  8. 8List of documents
  9. 9Index / annexures
How it opens
[synopsis] neglected and refused to maintain the Applicant, who is unable to maintain herself/himself; the Applicant seeks maintenance of ₹[amount] per month under Section 144 BNSS, with interim maintenance and litigation expenses pending disposal.

Bracketed items are filled from your case.

Frequently asked questions

Is the Rajnesh v. Neha affidavit of disclosure mandatory for an application under Section 144 BNSS?

Yes. The affidavit of disclosure of assets, income, and liabilities is mandatory for both parties in every maintenance proceeding, including those under Section 144 BNSS. Non-compliance by the respondent can lead to their defence being struck off.

From which date is maintenance payable under Section 144 BNSS?

Maintenance is payable from the date of filing the application, not from the date of the final order. This principle ensures that the applicant is not prejudiced by delays in the judicial process.

Can a minor child's maintenance claim be defeated because of the mother's conduct?

No. The entitlement of a minor child to maintenance is an independent right and is not affected by the conduct of the mother. The child's right to be maintained by the father is absolute under the law.

Draft this in LexPilot — free

Free trial · Drafting assistance, not legal advice — always verify before filing.

More criminal formats

All criminal formats →