Who can claim maintenance under §144 BNSS / §125 CrPC?

A wife (including divorced wife who has not remarried), minor children (legitimate or illegitimate), and elderly parents who cannot maintain themselves. This is a SECULAR remedy — applies regardless of religion (Mohd. Ahmed Khan v Shah Bano AIR 1985 SC 945, Danial Latifi v UoI (2001) 7 SCC 740).

What documents do I need to file?

Per Rajnesh v Neha (2021) 2 SCC 324 — both parties must file Affidavits of Assets and Liabilities at the outset, with proof of income (ITR, salary slip), expenses, and dependants. The Supreme Court issued model affidavit formats annexed to that judgment.

A small empty terracotta bowl, a thin wooden spoon and a sprig of coriander on a hand-loomed cotton mat — maintenance pack hero

Family Maintenance

Maintenance Application — §144 BNSS 2023 / §125 CrPC

Section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023 (formerly §125 CrPC) is a fast, summary, secular remedy. Any wife, child or parent who cannot maintain themselves can apply to the Magistrate of First Class against a person who has neglected or refused to maintain them. Applies to ALL communities — Hindu, Muslim, Christian, Parsi — without exception.

Fast summary remedy Print-ready Bilingual EN + HI All communities

1. Who is applying for maintenance?

2. Fill the application details

Applicant's full name

Applicant's age

Applicant's address

Applicant's occupation (if any)

Applicant's monthly income (₹)

Respondent's full name (person liable to pay)

Respondent's relationship

Respondent's current address

Respondent's occupation

Respondent's estimated monthly income (₹)

Date of marriage (if applicable)

Date of neglect / separation

Facts — how respondent neglected / refused to maintain you

Monthly maintenance sought (₹)

Magistrate's court / Family Court

Place (verification)

Date (verification)

3. Your maintenance application

The maintenance timeline

§144 BNSS / §125 CrPC is designed as a fast summary remedy. Interim maintenance under §144(2) BNSS can be granted within 60 days.

Day 0-60 Interim maintenance

Application filed. Notice to respondent. Court may grant interim maintenance + litigation expenses under §144(2) BNSS within 60 days of notice. Rajnesh v Neha (2021) framework applies.

Month 2-12 Inquiry

Both sides examined. Income affidavits per Rajnesh v Neha. Pay-slips, IT returns, bank statements. Court determines respondent's actual capacity to pay.

Final order Monthly maintenance

Final order: monthly maintenance from date of order (or date of application if court so directs). Non-payment for 1 month → arrest warrant under §144(3) BNSS, jail up to 1 month for each default.

Documents to bring to court

Relationship & identity

Marriage certificate (for wife) / birth certificate (for child) / Aadhaar / family register entry
Address proof of applicant
Photographs / family records showing relationship

Income evidence (per Rajnesh v Neha 2021)

Sworn income affidavit of both parties (Form per Rajnesh v Neha)
IT returns of last 3 years
Bank statements (last 6 months) of both
Pay-slips / salary certificate of respondent (if available)

This is a starter draft, not legal advice. §144 BNSS / §125 CrPC is secular and applies to all communities. Hindu Marriage Act §24/§25 and Hindu Adoptions & Maintenance Act 1956 §18 are parallel remedies (you can choose). For Muslim wives, the 1986 Act is an additional route. Senior citizens have a parallel and often faster remedy under MWP Act 2007 (no court fee, no advocate required, decision within 90 days). Consult a family lawyer to pick the best route. KanoonPilot does not file the application for you and does not represent you in court.