Family and matrimonial

Maintenance petition format under the BNSS, 2023

Drafting a maintenance petition for a wife, child or parent under Section 144 of the BNSS, 2023: who can claim, proving the respondent's income, interim maintenance and enforcement.

A maintenance petition is filed by a wife unable to maintain herself, a legitimate or illegitimate child, or a father or mother unable to maintain themselves, against a person with sufficient means who neglects or refuses to maintain them. It is filed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision that replaced Section 125 of the CrPC, 1973, before a Judicial Magistrate. The petition must plead the relationship, the neglect or refusal, the petitioner's inability to maintain themselves, and the respondent's means, and may seek interim maintenance pending disposal.

Governed by
  • Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing Section 125 CrPC)
  • Section 24, Hindu Marriage Act, 1955 for interim maintenance in matrimonial proceedings
  • Hindu Adoptions and Maintenance Act, 1956, where a civil claim is made
  • Rajnesh v. Neha, (2021) 2 SCC 324, on affidavits of assets and liabilities
Where it is filed
The Judicial Magistrate within whose jurisdiction the respondent resides, or the petitioner resides, or where they last resided together.
Who files it
A wife, a child, or a father or mother unable to maintain themselves.
Languages PleadEasy drafts this in
English, Hindi, Tamil, Malayalam

What a maintenance 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 Magistrate's court, and the petitioner and respondent with addresses.

  2. 2.Relationship

    Marriage, parentage or filiation, with the certificate or record establishing it.

  3. 3.Neglect or refusal

    The dated facts showing that the respondent, having sufficient means, has neglected or refused to maintain the petitioner.

  4. 4.Inability to maintain

    The petitioner's own income, assets and circumstances, and why they are insufficient.

  5. 5.Respondent's means

    The respondent's employment, business, salary, property and lifestyle, with the material relied on.

  6. 6.Quantum

    The monthly amount claimed, with a working of the petitioner's reasonable needs: food, rent, medical, education of children.

  7. 7.Affidavit of assets and liabilities

    The affidavit in the form prescribed by the Supreme Court in Rajnesh v. Neha, which both parties must file.

  8. 8.Prayer

    Monthly maintenance from the date of the petition or the date of the order, interim maintenance pending disposal, and litigation expenses.

Mistakes that get this document returned

  • Not filing the affidavit of assets and liabilities that Rajnesh v. Neha made mandatory in all maintenance proceedings.
  • Claiming a round figure without a working of actual monthly needs.
  • No material at all on the respondent's income, leaving the court to guess.
  • Not seeking interim maintenance, so the petitioner has no support during the proceedings.

Frequently asked questions

Which section replaced Section 125 CrPC for maintenance?

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the maintenance provisions that were in Section 125 of the CrPC, 1973.

From which date is maintenance payable?

The Supreme Court in Rajnesh v. Neha directed that maintenance be awarded from the date of the application in all cases, and courts ordinarily follow that.

Can a working wife claim maintenance?

Yes. Employment does not by itself disentitle a wife; the question is whether her income is sufficient to maintain herself at the standard to which she was accustomed in the matrimonial home.

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Related formats

Last reviewed 30 August 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.