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You apply under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by filing a written maintenance application before the competent Magistrate, in a district permitted by Section 145. The application must show the relationship, your inability to maintain yourself (where required), the other person’s sufficient means, and that the person has neglected or refused to maintain you. You may ask in the same proceeding for interim maintenance and reasonable proceeding expenses.
BNSS replaced the Code of Criminal Procedure maintenance provision commonly known as Section 125 from 1 July 2024. The law does not prescribe one national form, fee, filing counter or e-filing process. Those administrative details differ by court, so confirm them with the registry of the Magistrate’s court in the district you select.
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What Section 144 BNSS does
Section 144 is the principal summary maintenance remedy in Chapter X of the BNSS, which contains Sections 144 to 147. The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. Parliament enacted it on 25 December 2023, and the provision came into force on 1 July 2024.
The remedy addresses a basic situation: a person who has sufficient means neglects or refuses to maintain a family member whom the statute protects. The operative opening words are: "If any person having sufficient means neglects or refuses to maintain—" The Magistrate decides whether the statutory conditions are proved and what monthly allowance, if any, is appropriate.
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Section 144 is not an automatic payment scheme. A claimant must present facts and supporting material, and the respondent can contest the relationship, need, means, neglect or refusal. The court determines the amount rather than applying a fixed percentage of income.
Who can apply
Section 144(1) identifies four claimant groups. The evidence needed depends on the group and the facts of the case.
| Claimant | Statutory requirement | Useful proof |
|---|---|---|
| Wife | She is unable to maintain herself, and her husband has sufficient means but neglects or refuses to maintain her. | Marriage evidence, identity and address records, household expenses, bank records and evidence of non-payment or refusal. |
| Divorced woman | A divorced woman who has not remarried is included in the expression “wife”. The same maintenance conditions still have to be established. | Divorce order or other status evidence, proof that she has not remarried, financial records and evidence of the former husband’s means and non-payment. |
| Child | A legitimate or illegitimate child who is unable to maintain itself. | Birth or parentage evidence, school or medical expenses, proof of dependence and records showing the respondent’s means. |
| Adult child with qualifying disability | A child other than a married daughter who has attained majority and cannot maintain itself because of physical or mental abnormality or injury. | Birth evidence, medical or disability records, treatment bills and proof of inability to earn or self-support. |
| Father or mother | The parent is unable to maintain himself or herself, while the respondent child has sufficient means and neglects or refuses support. | Parent’s identity and residence records, medical and living expenses, proof of the parent-child relationship and evidence of the child’s means. |
The statute therefore treats the claimant’s category as important. A married daughter does not fall within the special majority-child category described in Section 144(1); a different legal basis would have to be considered separately. A wife’s eligibility also has specific statutory limits, explained below.
Where you can file
Section 145 sets the territorial choices for a Section 144 proceeding. The statutory language begins: "Proceedings under section 144 may be taken against any person in any district—" The available district depends on the relationship and residence facts.
| Possible district | When it is relevant |
|---|---|
| District where the respondent is | Use the district connected with the respondent’s presence or residence as recognised by the court. |
| District where the respondent or the wife resides | This is a specific option for a wife’s proceeding, allowing filing where either spouse resides. |
| District where the spouses last resided together | This can be used for a proceeding involving spouses when that shared residence falls in the district. |
| District where the father or mother resides | This is the residence-based option for a parent seeking maintenance from a child. |
Choose a district that you can support with an address or residence record. Before filing, ask the selected Magistrate’s court registry whether the application must be presented physically, through a designated e-filing portal, or through a particular filing section. If more than one district appears available, practical factors such as access to hearings, safety and availability of documents can guide the choice, but the court must have jurisdiction under Section 145.
Check the legal elements before drafting
Organise your facts around the elements the Magistrate will need to decide. A clear application normally answers these questions in order:
- What is the relationship between claimant and respondent?
- Which Section 144 claimant category applies?
- Why is the claimant unable to maintain himself, herself or itself, where inability is required?
- What facts show that the respondent has sufficient means?
- When and how did the respondent neglect or refuse to provide maintenance?
- What monthly amount is reasonably required, and what expenses support that figure?
- Is interim maintenance and payment of reasonable proceeding expenses needed while the case is pending?
- Which Section 145 district gives the Magistrate territorial jurisdiction?
Use dates, amounts and concrete events rather than conclusions. For example, identify the month when support stopped, the requests made for payment, recurring rent or school expenses, and the respondent’s known employment, business or assets. If an amount or income is uncertain, say how you estimated it and identify the records that could verify it.
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Documents and evidence to assemble
There is no single nationwide document list in Section 144. Attach material that maps to each statutory element and keep the originals or reliable copies available for the evidence stage. The court decides admissibility and the weight of each item.
| Issue to prove | Examples of supporting material | How to organise it |
|---|---|---|
| Identity and jurisdiction | Government identity record, address proof, residence certificate, utility record or other current address material. | Put the claimant’s address first, then the respondent’s known address and the reason the chosen district qualifies under Section 145. |
| Relationship | Marriage certificate or other marriage evidence; birth certificate; parentage record; divorce order; family or official records. | Use a short index showing which document proves the relationship and the date it was issued. |
| Inability to maintain | Bank statements, income records, unemployment evidence, school costs, medical records, disability certificate or treatment bills. | Separate regular monthly costs from one-time costs and explain any physical or mental condition affecting self-support. |
| Respondent’s sufficient means | Salary or business information, bank records lawfully available to you, property or business details, messages referring to income, and prior financial disclosures. | State the source and date of each figure. Do not present an estimate as a confirmed salary. |
| Neglect or refusal | Written requests, messages, notices, bank entries showing stopped payments, returned transfers, witness information and records of necessary expenses left unpaid. | Arrange communications chronologically and preserve the original electronic files where possible. |
| Amount requested | Rent, food, utilities, education, transport, medication, treatment, care and other recurring household bills. | Prepare a monthly budget with a total and attach representative bills rather than an unexplained lump sum. |
Make copies in the format the registry accepts. Keep a complete set for yourself and an additional set for service on the respondent if the court requires it. Ask the registry whether translations, pagination, an affidavit or a document index are required in that court.
Step-by-step filing procedure
1. Identify the parties and the claim
Write the claimant’s full name and address, the respondent’s available address, the relationship, the claimant category and the facts showing inability, sufficient means, neglect and refusal. For a divorced woman, state that she has not remarried. For an adult child, identify the physical or mental abnormality or injury and explain its effect on self-support.
2. Select the Magistrate’s court and district
Apply in a district authorised by Section 145. Contact the registry before preparing the final set to confirm the current court designation, filing counter, working hours, e-filing route, document format, affidavit practice and fee, if any. Section 144 itself does not create one national administrative form or fee schedule.
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Use a factual chronology with numbered paragraphs. Include the statutory basis, the monthly allowance sought, the calculation of recurring expenses, the date support stopped or was refused, the jurisdictional facts and a list of documents. Add a separate request for interim maintenance and reasonable proceeding expenses if immediate support is needed.
The relief section should ask the Magistrate to grant the monthly allowance proved at hearing, grant interim relief pending the case, award reasonable proceeding expenses, and issue any other order available under Section 144. Avoid demanding a guaranteed amount; the Magistrate fixes the allowance on the evidence.
4. File and obtain the case details
Submit the application and attachments through the procedure confirmed by the registry. Ask for the filing acknowledgement, diary or case number and the next date. Correct technical defects identified by the filing section promptly; a missing signature, unreadable attachment or incorrect address can delay notice.
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5. Request interim maintenance and proceeding expenses
Interim relief can be requested in the main application or in the manner the local court directs. Explain immediate necessities, available resources, the amount sought for the interim period and the expenses required to conduct the proceeding. The second proviso to Section 144 says that an application for interim maintenance and proceeding expenses should, as far as possible, be disposed of within 60 days from service of notice on the respondent. “As far as possible” is a statutory target, not a guaranteed result or an automatic grant.
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The Magistrate issues process and hears the parties’ evidence. Track whether notice was served, attend every listed date, and file additional documents only in the manner the court permits. If the respondent wilfully avoids service or attendance, the court may proceed ex parte. Keep proof of your own attendance and comply with directions on affidavits, witnesses and documents.
7. Respond to the defence
Read the respondent’s reply carefully. Address disputed income, alleged payments, the claimed ability to work, the relationship, residence and any assertion that the wife is disqualified. Use a short rebuttal supported by records instead of repeating the original narrative.
8. Obtain the order and check its effective date
Section 144 provides that maintenance is payable from the date of the order, or from the date of the application if the Magistrate so directs. Read the operative part of the order for the monthly amount, start date, payment schedule and any interim arrears. Keep a calculation of each amount due.
Interim maintenance: what the 60-day provision means
Interim maintenance is temporary support while the main proceeding is pending. It is designed for immediate needs, but the applicant still has to provide enough information for the Magistrate to assess need, the respondent’s means and the amount requested. Attach a current budget and explain urgent rent, food, education, medical or care expenses.
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1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errorsThe 60-day wording runs from service of notice of the interim application to the respondent, not automatically from the date you upload or hand in the papers. The phrase “as far as possible” recognises that service, filing defects, contested facts and court workload can affect timing. Do not treat 60 days as a promise that payment will begin by that date.
What happens if the respondent does not appear
Where the respondent wilfully avoids service or attendance, the Magistrate may hear the matter ex parte. An ex parte order is not immune from challenge: the respondent may apply to have it set aside for good cause within three months, subject to conditions imposed by the court. Keep service records, hearing orders and proof that you complied with directions, because those materials may become important if the respondent later seeks relief.
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How the amount and start date are handled
Section 144 does not state a fixed rupee amount or a universal income formula. Present a realistic monthly budget, evidence of the claimant’s resources and needs, and reliable information about the respondent’s sufficient means. Distinguish recurring expenses from exceptional bills and update the court if a major expense or income change occurs.
The order date is the default starting point identified in the statute. The Magistrate may instead direct payment from the application date. That direction should be clear in the order so that arrears can be calculated without guesswork.
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The wife-specific provisions do not allow maintenance in every living arrangement. A wife is disqualified while living in adultery, while refusing without sufficient reason to live with her husband, or while living separately by mutual consent. If those facts are proved, an order can be cancelled.
The statute also recognises that a husband’s remarriage or keeping a mistress is just ground for the wife’s refusal to live with him. State those facts and provide supporting material if they explain why separate residence is justified. The issue is fact-specific; do not assume that filing alone resolves it.
After the order: enforcement and changes
Enforcement
Section 147 is titled “Enforcement of order of maintenance.” If payments are missed, keep a ledger showing the due date, amount ordered, amount received and balance. Ask the issuing court registry for the current execution or enforcement procedure and the documents it requires. File promptly rather than allowing several months of arrears to obscure the calculation.
Variation when circumstances change
Section 146 permits alteration of the allowance when circumstances change. A rise or fall in income, a new medical condition, changed care needs or another material development may justify asking the court to vary the amount. Identify the earlier order, describe the change and attach dated evidence. Do not simply stop paying or stop complying because circumstances have changed; seek an order altering the allowance.
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Practical comparison by claimant and procedure
| Question | Wife or eligible divorced woman | Child | Father or mother |
|---|---|---|---|
| Core need | Unable to maintain herself. | Legitimate or illegitimate child unable to maintain itself; an adult child qualifies only in the statutory disability or injury situation and is not a married daughter. | Unable to maintain himself or herself. |
| Respondent’s duty | Husband with sufficient means who neglects or refuses support. | Person with sufficient means who neglects or refuses support. | Child with sufficient means who neglects or refuses support. |
| Residence choices under Section 145 | District where the respondent or wife resides, where spouses last resided together, or another applicable statutory district. | Use the district option that fits the respondent’s location or the facts recognised by Section 145. | District where the parent resides is expressly available. |
| Interim relief | Interim maintenance and reasonable proceeding expenses may be requested. | The same interim-relief provision is available where the Section 144 claim is made out. | The same interim-relief provision is available where the Section 144 claim is made out. |
| Potential limitation | Adultery, unjustified refusal to live with the husband, or separation by mutual consent can disqualify or cancel maintenance. | Adult-child eligibility is limited to the physical or mental abnormality or injury condition, and excludes a married daughter from that category. | The parent must establish inability to maintain himself or herself. |
Common filing problems and how to correct them
Using an old Section 125 label without identifying BNSS
Maintenance proceedings formerly associated with Section 125 of the Code of Criminal Procedure are now addressed in BNSS Sections 144 to 147 from 1 July 2024. Identify Section 144 BNSS in the heading and body of the application, while explaining any older order or document by its original provision.
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Filing in a convenient but unauthorised district
A claimant’s preferred city is not enough. State the residence, last shared residence or other Section 145 connection and attach a record supporting it. If the address has changed, explain the relevant date.
Requesting a number without a budget
A bare figure makes it difficult to test the claim. Add a monthly schedule, representative bills and the claimant’s own income or resources. Separate essential recurring costs from exceptional purchases.
Assuming the 60-day period is automatic
The period is counted from service of notice and is qualified by “as far as possible.” Check service status and comply with filing directions instead of treating the date as a guaranteed decision deadline.
Providing allegations without records
Organise marriage, birth, medical, bank, income, expense and communication records by issue and date. If a record is unavailable, explain where it can be obtained and what fact it is intended to prove.
Ignoring missed payments after the order
Maintain a month-by-month arrears sheet and use the issuing court’s current Section 147 enforcement process. A clear ledger is more useful than a general statement that payment stopped.
A filing-day checklist
- Confirm that the claimant fits one of the Section 144 categories.
- Record the relationship, inability to self-support, respondent’s sufficient means and each instance of neglect or refusal.
- Choose a district authorised by Section 145 and collect residence proof.
- Ask the registry about the current form, affidavit, fee, filing counter and e-filing requirements.
- Prepare the written application, monthly budget and request for interim maintenance and proceeding expenses.
- Index identity, relationship, medical, income, bank, expense and non-payment records.
- Keep copies, obtain the filing acknowledgement and note the case number and next date.
- Track service of notice and attend evidence dates.
- Read the order for amount, payment schedule and whether payment begins on the order date or application date.
- If circumstances change or payments are missed, use the Section 146 variation or Section 147 enforcement route through the issuing court.
What you should expect from the court process
The statute supplies the legal route, but day-to-day filing practice is local. Registry requirements, accepted electronic formats, affidavits, fees, service arrangements and hearing dates can differ between courts. The safest approach is to verify those details immediately before filing and to preserve every acknowledgement and order.
Section 144 can provide a meaningful monthly remedy for a wife, eligible child, father or mother, but success depends on proving the statutory elements with coherent facts and records. Interim relief can address urgent needs during the case, while the final order fixes the allowance and its effective date. Enforcement and later variation are separate steps that should be monitored rather than assumed.
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