Family and matrimonial

Petition format for alteration of maintenance under Section 146 BNSS (Section 127 CrPC)

Drafting a petition to increase, reduce or cancel maintenance already ordered under Section 144 BNSS, using Section 146 of the BNSS, 2023, which replaced Section 127 CrPC: change in circumstances, proof and prayer.

A petition under Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 127 of the CrPC, 1973, asks the Magistrate or Family Court to alter an existing maintenance order on proof of a change in the circumstances of the person receiving or paying it. Either side may file it: the recipient to seek an increase, or the payer to seek a reduction or cancellation. The petition must set out the original order, the change in circumstances since it was made (income, cost of living, the needs of a growing child, remarriage, or a civil court decision), and the revised amount sought.

Governed by
  • Section 146, Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing Section 127 CrPC)
  • Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023, under which the original order was made
  • Section 7, Family Courts Act, 1984, where a Family Court is established
Where it is filed
The court that passed the original maintenance order: the Family Court where one is established, otherwise the Judicial Magistrate.
Who files it
The person receiving maintenance (to enhance it) or the person ordered to pay it (to reduce or cancel it).
Languages PleadEasy drafts this in
English, Hindi, Tamil, Malayalam

What a petition must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title

    The court, the new petition number, and the number of the original maintenance case.

  2. 2.Original order

    The date of the order under Section 144 BNSS (or Section 125 CrPC), the amount fixed and the payment history.

  3. 3.Change in circumstances

    The concrete change since the order: increase or loss of income, a child's education and medical needs, inflation, remarriage, or a civil court decision.

  4. 4.Present means and needs

    The current income and expenses of both parties, supported by the affidavit of assets and liabilities.

  5. 5.Amount sought

    The revised monthly amount, with a working, or the ground for cancellation.

  6. 6.Prayer

    To alter, enhance, reduce or cancel the maintenance, and the date from which the change should operate.

Mistakes that get this document returned

  • Re-arguing the original case instead of pleading a change in circumstances since the order.
  • No documents on current income, leaving the change unproven.
  • Seeking reduction while in arrears without explaining the default.
  • Filing in a different court from the one that passed the original order.

Frequently asked questions

Which section replaced Section 127 CrPC?

Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the power to alter or cancel a maintenance order that was in Section 127 of the CrPC, 1973.

Can a wife apply to increase maintenance?

Yes. The person receiving maintenance may seek enhancement on proof of a change in circumstances, such as an increase in the husband's income or a rise in the needs of the children.

Is there a time limit for a Section 127 petition?

No limitation period is prescribed. It may be filed whenever a change in circumstances arises after the original order.

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Filing a petition in a district court

The court establishments in each district, so the cause title names the right court.

Tamil Nadu district courts

Kerala district courts

Related formats

Last reviewed 26 September 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.