Section 144 BNSS – Maintenance Application Checklist (2025)

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• Section 144 BNSS
• August 18, 2025

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure (CrPC), introduces several changes in the law, including provisions related to maintenance. Under Section 144 BNSS, a wife, child, or parent who is unable to maintain themselves can file for monthly maintenance from the person legally responsible.

To simplify the process, we have created a step-by-step checklist of details and documents required while filing a maintenance application under Section 144 BNSS.

1. Applicant’s Personal Details

The applicant (wife, child, or parent seeking maintenance) must provide:

• Full Name
  
• Father’s/Mother’s Name
  
• Age and Date of Birth
  
• Present Address
  
• Permanent Address
  
• Contact Number
  
• Email ID
  
• Education Details
  
• Occupation (if any)
  
• Monthly Income (if any)
  
• Whether financially dependent on someone
  

2. Respondent’s Details (Person from whom maintenance is claimed)

The details of the person against whom maintenance is claimed should include:

• Full Name
  
• Relationship with the applicant (husband/father/son)
  
• Current Address
  
• Age
  
• Occupation and Monthly Income
  
• Properties/assets owned
  
• Source(s) of income
  
• Working location/address (if known)
  

3. Relationship Details

To establish legal entitlement, the applicant must provide:

• Nature of relationship with respondent
  
• If wife – Date and place of marriage
  
• If child – Date of birth and parentage details
  
• Status of marriage (subsisting/divorced/separated)
  
• Number of children (with names and ages)
  

4. Maintenance Claim Details

The application must clearly specify:

• Whether the applicant is living separately from the respondent – if yes, since when and why
  
• Monthly expenses breakup:
  
  • Rent
    
  • Food
    
  • Clothing
    
  • Medical expenses
    
  • Childcare/education (if applicable)
    
• Monthly maintenance amount claimed (₹)
  
• Any previous maintenance awarded/agreed upon
  
• Any current maintenance being paid (with amount and duration)
  

5. Grounds for Seeking Maintenance

The reasons for claiming maintenance may include:

• Neglect or refusal to maintain
  
• Cruelty or domestic violence
  
• Desertion or abandonment
  
• Denial of basic necessities
  
• No independent income or means to survive
  

6. Supporting Evidence

The following documents strengthen the application:

• Marriage certificate or photographs
  
• Birth certificates (in case of children)
  
• Communication records (messages, emails, calls)
  
• Proof of respondent’s income/assets (salary slips, property papers, social media updates, etc.)
  
• Medical records (if applicant or children are ill)
  
• Rent receipts, bills, and other expense proofs
  
• Bank statements
  

7. Previous or Parallel Legal Proceedings

If there are ongoing or past cases, the applicant should mention:

• Cases filed under:
  
  • DV Act, 2005
    
  • Section 498A IPC
    
  • Divorce petitions under HMA/SMA
    
  • Maintenance under DV Act or personal laws
    
• Interim or permanent maintenance already awarded (with case details)
  
• Jurisdictional information:
  
  • Current residence of applicant
    
  • Place of last cohabitation (if wife)
    
  • Court where application will be filed
    

8. Children’s Maintenance (if applicable)

For minor children, additional details required:

• Number and age of children
  
• Whether living with the applicant
  
• Educational expenses
  
• Medical needs or disability (if any)
  

9. Additional Information

The application may also include:

• Attempts of reconciliation or mediation
  
• Known address or employer of respondent (for serving notice)
  
• Whether the applicant is open to settlement or strictly legal remedy
  
• Preferred mode of receiving maintenance (bank transfer/cash)
  

Conclusion

Filing a maintenance application under Section 144 BNSS requires proper documentation and accurate details. A well-prepared application increases the chances of timely relief from the court.