[ Everyday Law ]
Filing for maintenance for a wife, child or parent — the forum and the procedure
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the summary maintenance jurisdiction that Section 125 of the CrPC, 1973 has exercised since 1974. The substantive content is unchanged. The procedural law, however, has been substantially tightened since Rajnesh v Neha , (2021) 2 SCC 324 — affidavits of assets and liabilities are now mandatory from both parties at the outset, the date from which maintenance runs has been fixed at the date of application as the default, and the Magistrate is bound by disposal targets the Supreme Court has spelt out. This guide is the working procedural map.