Maintenance Application Format under Section 144 BNSS (Section 125 CrPC)

Replace everything in [square brackets] with your own details. Delete lines that do not apply.

IN THE COURT OF THE [PRINCIPAL JUDGE, FAMILY COURT / JUDICIAL MAGISTRATE FIRST CLASS], [PLACE], [STATE]

Maintenance Petition No. ______ of [YEAR]

IN THE MATTER OF:

1. [NAME OF APPLICANT NO. 1]
W/o / D/o / S/o [NAME]
Aged about [AGE] years
R/o [FULL RESIDENTIAL ADDRESS WITH PIN]

2. [NAME OF MINOR CHILD, IF ANY]
Aged about [AGE] years, minor, through mother and natural guardian [NAME OF APPLICANT NO. 1]
R/o [ADDRESS]
... Applicants

Versus

[NAME OF RESPONDENT]
S/o / D/o [FATHER'S NAME]
Aged about [AGE] years
Occupation: [OCCUPATION AND EMPLOYER]
R/o [FULL ADDRESS WITH PIN]
... Respondent

APPLICATION UNDER SECTION 144 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 [SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE, 1973] FOR GRANT OF MONTHLY MAINTENANCE, WITH A PRAYER FOR INTERIM MAINTENANCE

MOST RESPECTFULLY SHOWETH:

1. That Applicant No. 1 is the [LEGALLY WEDDED WIFE / DIVORCED WIFE WHO HAS NOT REMARRIED / FATHER / MOTHER] of the Respondent. [FOR A WIFE: The Applicant and the Respondent were married on [DATE] at [PLACE] according to [RITES / LAW], and the marriage was registered vide Certificate No. [NUMBER].] [FOR A PARENT: The Respondent is the [SON / DAUGHTER] of the Applicant.]

2. That [APPLICANT NO. 2, [NAME], born on [DATE OF BIRTH], is the minor child of the Respondent and is living with Applicant No. 1] / [NO CHILD WAS BORN OF THE MARRIAGE].

3. That [FOR A WIFE: the Applicant lived with the Respondent at [ADDRESS] till [DATE]. On [DATE], the Respondent [TURNED THE APPLICANT OUT OF THE MATRIMONIAL HOME / FORCED HER TO LEAVE / DESERTED HER], and since then the Applicant has been living at [ADDRESS] with [PARENTS / RELATIVES]. BRIEFLY STATE THE REASON FOR LIVING SEPARATELY, e.g. cruelty, dowry demands, desertion.] [FOR A PARENT: describe the Applicant's age, health and dependence on the Respondent.]

4. That the Applicant(s) are unable to maintain themselves. [STATE THE APPLICANT'S POSITION: no job or income / earning only Rs. [AMOUNT] per month as [OCCUPATION], which is not enough to live according to the standard of living enjoyed in the matrimonial home / dependent on aged parents.]

5. That the Respondent has sufficient means. The Respondent is working as [DESIGNATION] with [EMPLOYER / BUSINESS] and earns about Rs. [AMOUNT] per month. The Respondent also owns [IMMOVABLE PROPERTY / AGRICULTURAL LAND / VEHICLES / RENTAL INCOME / OTHER ASSETS]. The Respondent has [NO OTHER DEPENDANTS / THE FOLLOWING DEPENDANTS: [DETAILS]].

6. That despite having sufficient means, the Respondent has neglected and refused to maintain the Applicant(s) since [DATE]. [GIVE INSTANCES: requests made on [DATES] were refused / no money sent since [DATE] / legal notice dated [DATE] was ignored.]

7. That the reasonable monthly needs of the Applicant(s) are as follows:
(a) Food and household expenses: Rs. [AMOUNT]
(b) Rent / accommodation: Rs. [AMOUNT]
(c) Medical expenses: Rs. [AMOUNT]
(d) Education and other needs of the child: Rs. [AMOUNT]
(e) Clothing, travel and other expenses: Rs. [AMOUNT]
Total: Rs. [TOTAL AMOUNT] per month.

8. That the Applicant(s) are filing, along with this application, an Affidavit of Disclosure of Assets and Liabilities in the format prescribed by the Supreme Court in Rajnesh v. Neha (2020). The Respondent may be directed to file a similar affidavit.

9. That [NO OTHER PROCEEDING FOR MAINTENANCE IS PENDING BETWEEN THE PARTIES] / [THE FOLLOWING PROCEEDINGS ARE PENDING OR DECIDED: [COURT, CASE NUMBER, PROVISION (e.g. Section 24 HMA / Section 20 DV Act), AMOUNT AWARDED, IF ANY]].

10. That the Applicant(s) are in urgent need of support and the expenses of this proceeding, and are entitled to interim maintenance during its pendency under the second proviso to Section 144(1) BNSS.

11. That this Hon'ble Court has jurisdiction under Section 145(1) BNSS [Section 126(1) CrPC] because [THE RESPONDENT RESIDES / THE APPLICANT WIFE RESIDES / THE PARTIES LAST RESIDED TOGETHER / THE APPLICANT PARENT RESIDES] at [PLACE], within the local limits of this Court.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:

(a) direct the Respondent to pay monthly maintenance of Rs. [AMOUNT] to Applicant No. 1 and Rs. [AMOUNT] to Applicant No. 2, from the date of this application, under Section 144(1) and (2) BNSS;

(b) direct the Respondent to pay interim maintenance of Rs. [AMOUNT] per month and Rs. [AMOUNT] towards the expenses of this proceeding during its pendency, under the second proviso to Section 144(1) BNSS;

(c) direct the Respondent to file an Affidavit of Disclosure of Assets and Liabilities; and

(d) pass any other order that this Hon'ble Court considers just and proper.

[SIGNATURE]
Applicant(s)
[NAME]

Through Counsel:
[ADVOCATE'S NAME], Enrolment No. [NUMBER]
[CHAMBER ADDRESS] | [MOBILE NUMBER]

Place: [PLACE]
Date: [DATE]

VERIFICATION

Verified at [PLACE] on [DATE] that the contents of paragraphs 1 to 11 above are true and correct to my knowledge and belief, and nothing material has been concealed.

[SIGNATURE]
Applicant No. 1 (for self and as natural guardian of Applicant No. 2)