Criminal

Reply to Maintenance Application under Section 144 BNSS

A Reply to a maintenance application is the formal written statement filed by the respondent to contest a claim for maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This document allows the respondent to deny the applicant's allegations, raise legal objections, and present their version of the facts before the court.

This reply is filed in the Family Court or the Court of the Magistrate where the original application is pending. It is governed by Section 144 BNSS, which re-enacts the provisions of the former Section 125 of the Code of Criminal Procedure, 1973.

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Governing law
BNSS 2023 s.144 (re-enacting CrPC s.125)
Sections
s. 144
Filed before
Family Court / Court of Magistrate

When this is the right filing

  • When you represent a respondent who has received a summons on a maintenance application filed by a wife, child, or parent.
  • To formally contest the claim by denying the applicant's averments and putting them to strict proof.
  • To raise preliminary objections, such as the applicant's capacity to earn, desertion without sufficient cause, or living separately by mutual consent.
  • When the respondent needs to disclose their assets and liabilities as mandated by the Supreme Court in Rajnesh v. Neha.
  • Do not use this reply if you are initiating a claim for maintenance; the initiating document is the application under Section 144 BNSS itself.

What the court looks for

  • A clear, paragraph-by-paragraph response to the application, admitting or denying each averment.
  • Specific preliminary objections, such as the applicant's independent income, prior settlement, or lack of legal entitlement under Section 144 BNSS.
  • A complete Affidavit of Disclosure of Assets and Liabilities in the format prescribed by the Supreme Court, filed alongside the reply.
  • A properly structured paper-book with a compact cause-title, Memo of Parties, and a list of annexed documents.

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. 1Index
  2. 2Memo of parties
  3. 3Preliminary objections
  4. 4Reply on merits
  5. 5Prayer
  6. 6Affidavit in support
  7. 7Affidavit of disclosure of assets and liabilities
  8. 8List of documents
How it opens
1. That the present application is wholly false, frivolous, misconceived and untenable, both in law and on facts, and is liable to be dismissed in limine. Save and except those facts which are expressly and specifically admitted herein, each and every averment, allegation and contention contained in the application is denied in toto, and the Applicant is put to the strictest proof of each and every averment so made.

Bracketed items are filled from your case.

Frequently asked questions

Is it mandatory to file the Affidavit of Disclosure of Assets and Liabilities with this reply?

Yes. In accordance with the Supreme Court's directions in Rajnesh v. Neha, both parties in a maintenance proceeding must file this affidavit. The reply is considered incomplete without it, and the court may strike off the defence for willful non-compliance.

In what order should the parties be listed in the Memo of Parties for a reply?

The Memo of Parties must list the parties in the same order as they appear in the original application. The applicant is listed first, followed by the respondent, even though the reply is being filed from the respondent's side.

What are common grounds for a preliminary objection in this reply?

Common grounds include the wife living separately without sufficient cause or by mutual consent, the wife being employed and capable of self-support, concealment of facts by the applicant, or overlapping maintenance already granted under other statutes like the Hindu Marriage Act or the Protection of Women from Domestic Violence Act.

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