How to File a Maintenance Case Under Section 144 BNSS in India: Complete Guide

Filing a maintenance case is one of the most common legal remedies available to wives, children, and parents who are unable to support themselves financially. Under Indian law, Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 125 of the Code of Criminal Procedure, 1973 (CrPC), provides a straightforward mechanism to claim maintenance from a person who has sufficient means but neglects or refuses to provide financial support. This guide explains the complete process, eligibility, required documents, and what to expect during proceedings.

Who Can File a Maintenance Case Under Section 144 BNSS

Three categories of persons can claim maintenance under Section 144 BNSS. First, a wife, including a woman who has been divorced but has not remarried and has not received a fair settlement, can claim maintenance from her husband. Second, a legitimate or illegitimate minor child, or a major child who is physically or mentally unable to maintain themselves, can claim maintenance from their father. Third, a father or mother who is unable to maintain themselves can claim maintenance from a child who has sufficient means. The provision is secular in nature and applies irrespective of the religion of the parties.

Step-by-Step Process to File a Maintenance Case

Step 1: Consult a lawyer. While a maintenance application can technically be filed without a lawyer, engaging one is strongly recommended to ensure the application is properly drafted and all supporting evidence is presented effectively. Step 2: Determine the correct court. The application must be filed before a Judicial Magistrate of the First Class in the area where the applicant resides, where the respondent resides, or where the respondent last resided with the applicant. Step 3: Draft the application. The application should contain the full names and addresses of both parties, details of the marriage (or the parent-child relationship), the respondent's income and assets (to the extent known), the applicant's financial needs and inability to maintain themselves, and any existing children and their needs. Step 4: Attach supporting documents. These include the marriage certificate, photographs from the marriage, proof of the respondent's income (salary slips, income tax returns, bank statements, or property records), children's birth certificates, and the applicant's own financial position. Step 5: File the application and pay court fees. Court fees for maintenance applications are nominal. Step 6: Attend hearings. The Magistrate will issue a notice to the respondent, and both parties will be heard.

Interim Maintenance During Proceedings

Courts frequently grant interim maintenance during the pendency of proceedings to ensure that the applicant does not suffer hardship while the case is being decided. An application for interim maintenance can be filed along with the main application. The Magistrate may grant interim maintenance based on a prima facie assessment of the case, without waiting for the final hearing. This is particularly important in cases where the applicant has no independent source of income and is dependent on the respondent for basic living expenses.

How the Maintenance Amount Is Determined

There is no fixed formula or statutory cap on the maintenance amount under Section 144 BNSS. The Magistrate determines the monthly allowance based on several factors: the financial status and income of the respondent, the reasonable needs of the applicant, the standard of living the applicant was accustomed to during the marriage or relationship, the number of dependents and existing financial liabilities of the respondent, health conditions or special needs of the applicant, and the cost of living in the relevant area. The Supreme Court has held in multiple judgments that the maintenance amount should enable the applicant to live with dignity and not merely survive.

Key Takeaways

First, Section 144 BNSS (formerly Section 125 CrPC) provides a secular, summary remedy for maintenance to wives, children, and parents. Second, the application is filed before a Judicial Magistrate of the First Class, and court fees are nominal. Third, interim maintenance can be granted during proceedings to prevent hardship. Fourth, there is no statutory cap on the maintenance amount; it is determined by the Magistrate based on the respondent's means and the applicant's needs. Fifth, if the respondent fails to comply with the maintenance order, the Magistrate can issue a warrant for the recovery of the amount, including through attachment of the respondent's property. Sixth, a maintenance order under Section 144 BNSS does not bar the applicant from separately seeking maintenance under personal law statutes such as the Hindu Marriage Act, 1955, or the Muslim Women (Protection of Rights on Marriage) Act, 2019.