Maintenance Format India — Templates & Samples
Maintenance is a legal provision ensuring financial support for a wife, children, and parents who cannot sustain themselves. Governed by Section 125 CrPC and personal laws, these documents secure monthly allowances. Download free Maintenance templates and samples to file court applications for alimony and financial support.
What is Maintenance?
Maintenance in Indian law is a legal right to financial support granted to a dependent who cannot maintain themselves. Under Section 125 of the Code of Criminal Procedure (CrPC), 1973 (now mirrored in Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023), a wife, minor child, or parent can claim a monthly allowance from a person having sufficient means. The term "wife" includes a divorced wife who has not remarried, under Section 125(1)(a).
Under the Hindu Adoption and Maintenance Act, 1956, a Hindu wife is entitled to be maintained by her husband during her lifetime under Section 18. The Protection of Women from Domestic Violence Act, 2005, under Section 20, also allows a magistrate to direct the respondent to pay maintenance to the aggrieved woman.
Maintenance applications are legally valid when filed before a Judicial Magistrate First Class (JMFC) with an accompanying notarized affidavit and proof of marriage or relationship. Any neglected wife, child, or parent can file these petitions. Understanding what is maintenance in Indian law is crucial for securing a dignified livelihood and enforcing financial responsibilities against defaulting spouses or children.
When This Format Required?
Deserted Spouses: When a husband deserts his wife, leaving her without means to survive, she can file a petition under Section 125 CrPC.
Child Support: When a father neglects to provide for his minor children, the mother can claim maintenance on their behalf.
Elderly Parents: When a person neglects to maintain their aging parents, they can claim a monthly allowance under Section 125 CrPC or the Maintenance and Welfare of Parents Act, 2007.
Domestic Violence: When a woman faces domestic violence and needs financial relief, she can claim maintenance under Section 20 of the Domestic Violence Act, 2005.
Post-Divorce Support: When a divorced woman lacks income, she can claim permanent alimony under Section 25 of the Hindu Marriage Act, 1955.
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Quick Overview
Step-by-Step Guide
- 1
Identify the Applicable Law and Forum
Determine whether to file under Section 125 CrPC (summary proceeding), the Hindu Marriage Act, 1955 (pending divorce), or the Domestic Violence Act, 2005. File before the Judicial Magistrate First Class or Family Court having jurisdiction.
- 2
Draft the Petition with Party Details
State the full names, ages, and addresses of the applicant and the respondent. Clearly mention the relationship between the parties (husband-wife, parent-son) to establish legal liability.
- 3
Detail the Financial Status and Neglect
Outline the respondent's income, properties, and earning capacity. State explicitly that the applicant has no independent source of income and the respondent has neglected or refused to maintain them.
- 4
Calculate the Claimed Maintenance Amount
Compute a reasonable monthly allowance covering food, clothing, shelter, education, and medical expenses. The court fixes the amount based on the standard of living and the husband's income.
- 5
Attach Supporting Documents and Affidavit
Annex marriage certificates, birth certificates of children, proof of the respondent's income, and medical bills. Prepare a sworn affidavit on stamp paper verifying the petition's contents.
- 6
File in Court and Pay Prescribed Fees
Submit the petition with the required court fee. The court will issue summons to the respondent, and if the respondent fails to pay without sufficient cause, the court may issue a warrant or sentence them under Section 125(3) CrPC.
Disclaimer: This template is provided for general informational and drafting reference purposes only. It does not constitute legal advice. Stamp duty, registration, and procedural requirements may vary by state. Consult a qualified advocate before executing or filing any legal document. For more details, see our Disclaimer.