Maintenance Petition in India: Section 125 CrPC / BNSS, Process and Format (2026)

How-To · Family Law · Maintenance

Updated for 2026 · Claw Editorial

A wife, children or parents who cannot maintain themselves can seek monthly maintenance from the husband, father or son under Section 125 of the Code of Criminal Procedure, which is now Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The petition is filed before a Magistrate, who can also grant interim maintenance while the case is pending. This guide explains the steps in order, the documents you need, how the other routes (personal laws and the DV Act) differ, and a simple format outline.

01The problem: waiting without support

The hardest part of a maintenance case is not the law. It is the time. A wife with young children may have no income, no savings and nowhere to go, while the case drags on for months or years.

Delay hurts the person who can least afford it

Many petitioners wait because they do not know which court to approach or what papers to carry. Others file a weak petition with no income details, and the court has little to work with. A clear, well-documented petition and a quick request for interim maintenance solve most of this.

The respondent often hides income

Husbands who run their own business, or who are paid in cash, often show a low income on paper. The petition has to be built to bring out the real income through documents and questions in court.

Section 125 CrPC, now Section 144 BNSS, is a summary remedy against destitution. It does not decide who was at fault in the marriage. It asks only whether a person with means is neglecting someone who has none.

02Who can claim and from whom

Maintenance under this section is available to three groups of people who cannot maintain themselves.

• Wife: a legally wedded wife, including a divorced wife who has not remarried, from her husband or former husband.
• Children: legitimate or illegitimate minor children, and adult children who cannot maintain themselves because of a physical or mental disability, from the father.
• Parents: a father or mother who cannot maintain themselves, from their son or daughter who has sufficient means.

The person against whom the claim is made must have sufficient means and must have refused or neglected to maintain. A wife who lives in adultery, or who refuses to live with her husband without a good reason, or who lives separately by mutual consent, is generally not entitled under this section. Courts look at the facts of each case.

The Supreme Court has held that the section is secular, and that a Muslim woman can also file under it, in Mohd. Abdul Samad v. State of Telangana (2024).

03Step by step: how to file a maintenance petition

A maintenance petition follows six steps. Do them in this order.

Step 1. Decide where to file

File before the Judicial Magistrate of the First Class. You may file where the respondent lives, where you live, or where the couple (or father and child) last lived together. Check the local territorial rules for your district.

Step 2. Collect your documents

• Marriage proof: marriage certificate, wedding photographs, invitation card.
• Birth certificates of children, and school fee records.
• Your ID and address proof.
• Proof that you cannot maintain yourself: no income, or income proof showing it is not enough.
• Any proof of the respondent income: salary slips, bank statements, business papers, tax returns, property papers.
• Proof of neglect: messages, notices, police complaints, earlier legal notice.
• Your monthly expense list: rent, food, school, medical bills.

Step 3. Draft the petition and affidavit

The petition states the relationship, the neglect, your needs, the respondent income and the amount you claim. Attach the affidavit of income, expenses and assets. The Supreme Court in Rajnesh v. Neha (2020) made it clear that both sides should file such an affidavit of disclosure in maintenance cases. A format outline is given below.

Step 4. File and get notice served

File the petition with the court fee and process fee that apply locally. The court issues notice to the respondent. Keep proof of service. Maintenance petitions are generally kept low in court fee, but check your court.

Step 5. Appear and press for interim relief

Attend every date. Raise the interim maintenance application early (see the next section).

Step 6. Evidence, final order and enforcement

Both sides lead evidence, mainly on income and need. The court then passes a final order for a monthly amount. If it is not paid, you apply for enforcement.

04Interim maintenance: support while the case runs

Interim maintenance is a monthly amount the Magistrate can order while the main petition is still pending, so you are not left without money for years.

You can ask for it in the main petition or by a separate application. The court can also award a sum for the expenses of the proceeding. Under Section 144 BNSS, the law says that an application for interim maintenance should, as far as possible, be disposed of within 60 days from the date notice is served on the respondent.

Interim maintenance is decided on affidavits and basic documents. So the sooner you file a clear affidavit of income and expenses, the sooner the court can act. If the respondent does not file his own affidavit, the court can draw conclusions from the material you have placed on record.

Maintenance may be ordered from the date of the application or from the date of the order. Ask for it from the date of the application, and give the reason.

05Evidence of income and need

The amount of maintenance depends on two things: what the respondent can pay, and what the claimant needs. Courts look at the standard of living, the number of dependents, the age and health of the claimant, and the respondent’s liabilities.

• For salaried respondents: ask the court to call for salary slips, Form 16 and the employer’s details.
• For business owners: ask for bank statements, GST and income tax returns, and records of assets, vehicles and property.
• For hidden income: use cross-examination, lifestyle evidence and applications for production of documents.

A wife who is qualified but not earning is not automatically barred. Courts ask whether she is actually able to maintain herself in the way she was used to. Keep your own expense records honest and complete, because the court will test them.

06The order and how to enforce it

If the respondent does not pay the maintenance ordered, the Magistrate can issue a warrant to recover the amount due, like a fine. For each month of default, the court can also send the respondent to jail for up to one month, or until payment is made, if sooner.

Two practical points matter here. First, you generally have to apply for recovery within one year of the amount falling due. Second, an order can be changed later if the circumstances change, for example if the respondent’s income rises. Keep a log of payments received and missed.

Maintenance orders and enforcement applications create many dates over many years. A missed date can cost you. Keep a calendar of every hearing and every payment due date.

07Other routes: personal laws and the DV Act

Section 144 BNSS is not the only way to claim maintenance. You can use more than one route, but the courts will adjust the amounts so you are not paid twice for the same need.

• Hindu Adoptions and Maintenance Act, 1956: a Hindu wife, children and parents can claim maintenance in a civil court under this Act.
• Hindu Marriage Act, 1955: in a divorce or other matrimonial case, either spouse can ask for interim maintenance (Section 24) and permanent alimony (Section 25).
• Protection of Women from Domestic Violence Act, 2005: a woman facing domestic violence can ask the Magistrate for monetary relief (Section 20), which includes maintenance, along with protection and residence orders.
• Other personal laws: Muslim, Christian and Parsi spouses have their own statutes and rules for maintenance and alimony.

If you are also thinking about ending the marriage by agreement, see how mutual divorce works. For a deeper look at the section itself, see Section 125 CrPC maintenance explained. A spouse who wants the other to return may instead use restitution of conjugal rights, a separate remedy.

08Maintenance petition format outline

A maintenance petition has a standard shape. Use this outline and adapt it to your court. Always have it checked by an advocate before filing.

1. Court title: In the Court of the Judicial Magistrate First Class, [place].
2. Case title: Petition under Section 144 BNSS (earlier Section 125 CrPC). Name, age and address of the petitioner, and of the respondent.
3. Relationship and marriage details: date and place of marriage, children, and how the couple lived.
4. Facts of neglect: when and how the respondent stopped supporting you, in dated paragraphs.
5. Respondent’s means: job, business, income and assets, as far as you know.
6. Petitioner’s position: no income or insufficient income, and monthly expenses.
7. Jurisdiction: why this court can hear the case.
8. Prayer: monthly maintenance of a stated amount from the date of application, interim maintenance, litigation expenses, and any other relief.
9. Verification and affidavit: signed by the petitioner, with the affidavit of income and assets attached.
10. List of documents relied on.

09Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Claw does not file a petition for you. Where it helps is after you file. A maintenance matter runs for years, with interim hearings, evidence dates, payment due dates and enforcement applications. Claw case management lets an advocate or a firm track these matters in one place, with auto case updates, a calendar, cause lists, and WhatsApp and email alerts, so no date is missed. Family law practices that handle many such matters can read more in matrimonial case management and family law practice management software.

Claw has a free plan for individual advocates. Paid plans for teams and enterprises are priced separately.

10Sources and further reading

Check the current text of the law before you file:

• India Code (official bare acts, including the BNSS): indiacode.nic.in
• Supreme Court of India (official judgments): sci.gov.in
• Claw: clawlaw.in

This guide is general information, not legal advice. Court practice, fees and forms differ by state and court.

11Frequently asked questions