Maintenance application (s.144 BNSS)

A wife's claim for monthly maintenance before the Magistrate or Family Court.

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Not yet reviewed by a lawyer. Check every line before it is signed.

How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

IN THE COURT OF Principal Judge, Family Court, Shantipur

Neha Verma wife of Shri Anil Verma, aged about 28 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana

…Applicant

Versus

Anil Verma son of Shri Ramesh Verma, aged about 31 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana

…Respondent

APPLICATION UNDER SECTION 144 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR MAINTENANCE

Respectfully Showeth:

1.That the applicant was married to the respondent on 14-02-2021 at Shantipur. The children of the marriage, a daughter aged 4, live with the applicant.

2.That the applicant has been living apart from the respondent since 01-06-2024 because the respondent turned her out of the matrimonial home after repeated quarrels over dowry. The respondent has neglected and refused to maintain the applicant and the children.

3.That the applicant has no income of her own and is unable to maintain herself, while the respondent has sufficient means: he is a site engineer earning about ₹65,000 a month and owns agricultural land.

4.That the applicant shall file the affidavit of assets, income and expenditure in the format laid down in Rajnesh v. Neha (2021) 2 SCC 324.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

Proof of the marriage: the marriage certificate if it was registered, otherwise the wedding card and photographs of the ceremony
Aadhaar card or another photo identity proof, with proof of the present address (photocopies; the originals to show)
Birth certificates of the children, if any (photocopies)
Proof of the husband's income and property, as far as you have it: salary slips, land (jamabandi) or business records
Proof of your own income (or that you have none) and of the monthly needs: rent, school fees, medical bills
Your affidavit of assets, liabilities, income and expenditure: see "Affidavit of assets and liabilities (maintenance cases)"
Copies of the petitions and orders in any earlier or pending case between you: maintenance, domestic violence, an FIR or another petition

Where to go

Filed through an advocate, or in person, in the Family Court (or the Magistrate where there is none) of the place where you live, where the husband lives, or where you last lived together; notice goes to the husband.

Fee

Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.

Good to know

Interim maintenance can be asked at once; the law asks the court to decide it, as far as possible, within 60 days of notice.
Give true figures: the court compares both affidavits, and a false or incomplete one can lead to perjury proceedings.
If payments stop, apply for recovery within one year of each amount falling due; older arrears cannot be recovered by warrant.

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee and welfare stamps, where needed, are affixed as the court office directs.