Scribd
Upload
2K views2 pages

Maintenance Application Under BNSS 144

Uploaded by

ria kumar
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
2K views2 pages

Maintenance Application Under BNSS 144

Uploaded by

ria kumar
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

APPLICATION FOR MAINTENANCE BY WIFE UNDER S.

144 OF BNSS
IN THE COURT OF JUDICIAL MAGISTRATE OF NOIDA
Maintenance Application No. 234/2025

IN THE MATTER OF:

APPLICATION FOR MONTHLY MAINTENANCE ALLOWANCE FOR THE WIFE UNDER


SECTION 144 OF BHARTIYA NAGRIK SURAKSH SAHINTA.

The Applicant herein after respectively showeth.


1. That the applicant is the legally married wife of the Respondent. The
marriage was solemnized as per Hindu rites and customs, both of whom have
cohabitated as husband and wife for 5 years at Sector 126 of Noida. That the
Annexure 1 and Annexure 2 with reference to the wedding card and
electricity bill respectively have been attached.
2. That after initial few months of marriage the husband has led a life of
drunkenness and lewdness. The Respondent is the man of unusual temper
and constantly lose his senses and uses abusive language.
3. That the applicant on various instances has been subjected to cruelty at the
hands of the Respondent of both physical and mental nature. The constant
abuse and immense torture have made the life of the Applicant miserable.
4. That the Respondent stopped maintaining and fulfilling the basic needs of the
Applicant including household expenses, compelling the Applicant to leave
her residence and move to her paternal house.
5. That the Applicant is in severe financial crises unable to maintain herself and
her parents. The Applicant and her parents have been surviving on the mere
pension of Rs. 5000 of her father who is chronically ill due to Tuber Colossi
and has recurring medical expenses. Further details of assets and liability has
been attached in the Annexure No. 3.
6. That the Respondent is financially sound and has various sources of income
primarily earning a handsome amount of Two Lakhs Rupees from his
employment as Senior Associate at Siriyal Amarchand and Mangal Das.
Having enough resources the Respondent still overlooked his responsibilities
to provide for his lawfully wedded wife.
7. That the above relation has deteriorated to an extent that there is no
possibility of a compromise.

Prayer:
The Applicant herein after prays:

1. The Honorable court may direct the respondent to pay a sum of rupees 50
thousand per month to the said petitioner or at such date as the honorable
court deems fit.

2. That pending the hearing and final disposal of this petition the respondent
may be directed to pay rupees 10 thousand towards maintenance of the
petitioner from the date of the application as instead interim relief.

3. That the court may direct the respondent to pay the said amount of 25
thousand in Lum sum towards the cost of this proceedings

4. The court may direct any other relief as it may deam fit and proper.

VERIFICATION
I Rachna Singh, wife of Anand Singh, aged 38, occupation unemployed residing at,
to solemnly affirm and declare that whatever is stated in the forgoing petition is
true to the best of my knowledge and belief.
Name
Date
Advocate name/signature

Prayer-
Monthly Maintenance
Interim Maintenance
Lum Sum Amount for the charges of this application
Any other Relief

Common questions

Powered by AI

The applicant substantiates her financial need by detailing her father's minimal pension income of Rs. 5000 and his health issues, which incur recurring medical expenses. Moreover, she depicts her own unemployed status and the subsequent inability to maintain basic necessities for herself and her parents . These elements collectively underscore her financial need for maintenance from the respondent .

Annexure 1 and Annexure 2, likely containing the wedding card and electricity bill, serve as tangible evidence supporting the formal nature of the marriage and cohabitation claim. These documents anchor the applicant's legal position, demonstrating cohabitation and thus the respondent's duty to provide support . Well-documented evidence strengthens the credibility of her claims, reinforcing the lawful basis for her requested intervention .

The applicant indicates the relationship has deteriorated to the point of no possible compromise, primarily due to the respondent's abusive behavior and neglect . These irreconcilable differences justify seeking judicial intervention, as they highlight disputes that cannot be amicably resolved outside of court, necessitating legal measures for appropriate redress and support .

The respondent's financial status, with a considerable monthly income of two lakh rupees, establishes his capacity to provide the requested maintenance . Legally, this imposes an obligation under family law to support his wife financially, especially when she is previously dependent and in financial distress, underscoring a failure to fulfill marital duties and necessitating the court's involvement .

The applicant invokes Section 144 of the Bhartiya Nagrik Suraksh Sahinta in her application for monthly maintenance. This legal provision supports her claim by allowing her to seek financial support from her husband, who has allegedly failed in his marital duties and subjected her to cruelty. The detailed allegations include the husband's failure to maintain household expenses and his abusive behavior .

The applicant's unemployed status significantly strengthens her legal position, underscoring her financial dependency and inability to sustain herself independently . It augments the gravity of her claims by illustrating the urgent need for respondent's financial support, compelling the court to consider financial assistance to uphold her living standards and meet basic needs .

The applicant claims to be in severe financial crisis, unable to sustain herself or support her chronically ill parents, surviving on a mere Rs. 5000 pension from her father . In contrast, the respondent has a substantial income of two lakh rupees per month as a Senior Associate, but has allegedly neglected his responsibility to support the applicant, giving credence to her request for a monthly maintenance allowance of Rs. 50,000 and interim relief .

The applicant alleges that the respondent has led a life of drunkenness and displays an unusual temper, leading to mental and physical cruelty. This includes abusive language and neglect of financial responsibilities, forcing her to leave the marital home . These allegations, if substantiated, could indeed warrant court intervention under Section 144, as they depict a situation of severe marital discord and neglect .

If the court finds merit in the applicant's claims, it could order the respondent to pay the requested Rs. 50,000 monthly maintenance and possibly interim relief of Rs. 10,000 . Additionally, the court might mandate a lump sum payment for proceedings costs and any other compassionate relief deemed fit. These outcomes would legally formalize the respondent's financial obligation, providing necessary support to the applicant under legal compulsion .

The applicant seeks interim relief in the form of Rs. 10,000 per month, pending the hearing and final decision of her petition . This reflects the urgency of her financial situation, as she is unable to support herself and meet her basic needs due to her unemployed status and the inadequate financial support from her parents .

You might also like