Maintenance for wife, children or parents

General information, not legal advice. This guide explains the usual steps in plain words. Every case has its own facts, and the law and the rules change. For a serious matter, speak to a lawyer. If you cannot afford one, you may get one free: call 15100. Last checked November 2026.

A Magistrate can order a monthly allowance from a person with enough means who refuses to support dependants.

What to do, step by step

1. Write down the relationship, the monthly needs and what the other person earns or owns, as far as you know.
2. File an application for maintenance before the Judicial Magistrate of the first class where you live, or where the other person lives. A lawyer can draft it, and legal aid is available to women and children.
3. Ask for interim maintenance at the start, so that you have money while the case goes on.
4. Both sides give details of their income on affidavit. Bring proof of income, bank statements and expenses.
5. The Magistrate orders a monthly sum. If it is not paid, apply to the same court to enforce it. The court can order recovery and even imprisonment for non payment.
6. Parents who are neglected by their children can also apply under this law, and under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 before the Maintenance Tribunal.

Where to go

• Court of the Judicial Magistrate of the first class
• Family court, where one is set up in your district
• District Legal Services Authority

What to carry

• Marriage proof and children's birth certificates
• Income and bank proof of both sides if available
• Rent receipts, school fees, medical bills

Time limits

• No fixed limit for filing, but arrears are normally granted only from the date of the application, so apply early.

What the law says

• BNSS section 144: maintenance of wives, children and parents [old CrPC 125]
• BNSS section 147: enforcement of the order [old CrPC 128]
• Maintenance and Welfare of Parents and Senior Citizens Act 2007
• Personal laws (Hindu, Muslim, Christian, Parsi) give separate maintenance rights in addition.

If it does not work

• Enforcement application for unpaid amounts.
• Ask a lawyer about a civil route under your personal law.

Free help

• Women and children can get a free lawyer through the DLSA, 15100. Senior Citizens Helpline (Elderline) 14567.

Sources

• Bharatiya Nagarik Suraksha Sanhita 2023, section 144
• Elderline 14567, Department of Social Justice and Empowerment

Related

Violence or cruelty at home (for women)Sexual harassment at work (for women)

Section numbers are from the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bharatiya Nyaya Sanhita (BNS) and other Acts, with the old number in square brackets. For events before 1 July 2024 the old law (CrPC, IPC) applies. Spotted a mistake? Corrections are welcome.