Maintenance Petition Format

In Indian law, a Maintenance Petition is a legal recourse available to individuals seeking financial support from their spouse or family members. It is primarily governed by the provisions of the Code of Criminal Procedure (CrPC) and the various personal laws applicable in the country, such as the Hindu Marriage Act, the Muslim Personal Law, and the Indian Divorce Act, among others. As per the law, a Maintenance Petition can be filed by a person who is unable to sustain themselves financially and requires monetary assistance for their day-to-day living expenses. Usually, it is filed by the wives seeking maintenance from their husbands post-divorce or undergoing divorce proceedings, but it can also be initiated by children or dependent family members who are unable to support themselves. It acts as a safety net and the purpose is to ensure that individuals who are unable to meet their basic needs receive adequate financial support from their spouse or family members who have the means to provide such assistance. The court assesses the financial position and obligations of the party from whom maintenance is sought, as well as the needs and expenses of the person filing the petition. Based on these factors, the court determines the amount of maintenance to be awarded to the petitioner.

What is Maintenance Petition?

In Indian law, a Maintenance Petition is a legal recourse available to individuals seeking financial support from their spouse or family members. It is primarily governed by the provisions of the Code of Criminal Procedure (CrPC) and the various personal laws applicable in the country, such as the Hindu Marriage Act, the Muslim Personal Law, and the Indian Divorce Act, among others.

As per the law, a Maintenance Petition can be filed by a person who is unable to sustain themselves financially and requires monetary assistance for their day-to-day living expenses. Usually, it is filed by the wives seeking maintenance from their husbands post-divorce or undergoing divorce proceedings, but it can also be initiated by children or dependent family members who are unable to support themselves. It acts as a safety net and the purpose is to ensure that individuals who are unable to meet their basic needs receive adequate financial support from their spouse or family members who have the means to provide such assistance. The court assesses the financial position and obligations of the party from whom maintenance is sought, as well as the needs and expenses of the person filing the petition. Based on these factors, the court determines the amount of maintenance to be awarded to the petitioner.

Grounds to Seek Maintenance Petition

The grounds to seek a maintenance petition in India may vary based on the personal laws applicable to different religious communities. However, there exist some common grounds recognized across personal laws which include:

1. Desertion: When one spouse willfully abandons the other without any reasonable cause or consent, the deserted spouse can claim maintenance from the spouse who has deserted him or her.
2. Adultery: If a spouse engages in an extramarital relationship, the other spouse may seek maintenance on the grounds of adultery.
3. Cruelty: Physical or mental cruelty inflicted by one spouse upon the other may be a valid ground for seeking maintenance.
4. Conversion: In cases where one spouse converts to another religion, the other spouse may seek maintenance.
5. Dissolution of Marriage: It is the most common ground for maintenance. During divorce proceedings, either spouse may seek maintenance based on their financial needs and the other spouse's ability to provide support.
6. Unemployment or Inability to Work: If a spouse is unemployed, disabled, or unable to support themselves financially, they can seek maintenance from the earning spouse.
7. Dependent Children: Parents can seek maintenance on behalf of their dependent children, ensuring they receive adequate financial support for their upbringing and education.

Who can seek Maintenance?

In accordance with Section 125 of the Code of Criminal Procedure (CrPC), an application for maintenance can be made by any of the following parties who are unable to support themselves:

1. The Wife: A wife can claim maintenance from her husband as per Section 125 of CrPc on the grounds stated above. However, under miscellaneous circumstances, a claim for maintenance may be defeated as per Section 125(4) if:
   • the wife is engaged in an adulterous course of life;
   • the wife unjustifiably refuses to live with her husband;
   • the husband and wife are living separately by mutual consent (to be evaluated based on the facts and circumstances).
2. Minors: This category includes the following individuals:
   • Unmarried legitimate children.
   • Married legitimate children.
   • Unmarried illegitimate children.
   • Married illegitimate children.
   • Children who have reached the age of majority but are unable to maintain themselves due to physical abnormality, mental abnormality, or injury.

How to Draft a Maintenance Petition

Drafting a maintenance petition involves careful consideration of the specific details and circumstances of the case. Following is a step-by-step guide to help you in drafting a maintenance petition:

• Heading: Start with putting the appropriate court's name, case number, and parties involved in the case (petitioner and respondent) carefully in the petition.
• Introduction: Provide a brief introduction to the petitioner, mentioning their name, age, occupation, and residential address. Similarly, introduce the respondent, mentioning their name, relationship to the petitioner, and their current address, if known.
• Jurisdiction: State the jurisdiction of the court where the petition is being filed, citing the relevant provisions of the law.
• Facts and Circumstances: Present a clear and concise narration of the relevant facts and circumstances that necessitate the claim for maintenance.
• Grounds for Maintenance: Specify the grounds on which the petitioner is seeking maintenance.
• Legal Provisions: Cite the relevant legal provisions supporting the claim for maintenance, such as Section 125 of the Code of Criminal Procedure or other applicable laws.
• Relief Sought: Clearly state the relief or remedies sought by the petitioner.
• Supporting Documents: Attach necessary supporting documents that strengthen the petitioner's case.
• Prayer: Conclude the petition with a prayer to the court requesting an order for the grant of maintenance.
• Verification and Affidavit: Include a verification clause and attach an affidavit confirming the authenticity of the contents of the petition.
• Annexures: List all annexures included with the petition.
• Signature and Date: The petition should be signed by the petitioner or their advocate, along with the date of filing.

Recent Guidelines of the Supreme Court

For Wife - In the case of Dwarika Prasad Satpathy v. Bidyut Prava Dixit, the Court emphasized that the presumption in favor of marriage exists regardless of whether the marriage rites were fully conducted according to Hindu customs. Additionally, in situations where the spouses have cohabited for a significant duration but one of them denies the marital status, a rebuttable presumption can be made.

In Rajnesh v. Neha, the court recognized that a wife is entitled to seek maintenance under different statutes, but must disclose any maintenance previously awarded to her in a subsequent proceeding filed under a different enactment.

About The Author

Adv. Tabassum Sultana is a member of Karnataka State Legal Services, is highly skilled in handling diverse legal matters. Her expertise spans divorce cases, domestic violence, child custody, dowry harassment, and cheque bounce cases. She also specializes in maintenance, bail, adoption, consumer disputes, employment conflicts, money recovery, and cybercrime.