By Delhi Law Advocates | Simple Property & Criminal Law Guides
Family court proceedings can be complex, especially when understanding how monthly maintenance is calculated. In India, maintenance laws are governed by Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the former Section 125 of the CrPC.
The main purpose of Section 144 BNSS is to provide financial security to a spouse, child, or elderly parent who cannot maintain themselves. However, courts carefully evaluate the financial standing, educational background, and actual income of both parties before passing an order.
At Delhi Law Advocates, we explain legal procedures in simple, practical terms. We handle family court matters, income disclosure filings, and civil litigation across the Supreme Court of India, the Delhi High Court, and all District Courts (including Dwarka, Saket, Rohini, Patiala House, and Tis Hazari). Here is a simple breakdown of how maintenance rules work.
The Key Condition: Inability to Support Oneself
Under Section 144 BNSS, the court checks whether the person applying for maintenance genuinely lacks the financial means to support themselves.
The court considers several practical factors:
- Income and Qualifications: The judge reviews whether the applicant has an independent income, professional qualifications, or a history of gainful employment.
- Fair Evaluation: Maintenance is intended to prevent destitution and ensure a reasonable standard of living, balancing both sides’ incomes and necessary expenses.
- Verified Expenses: The court reviews documented living costs, dependent obligations, and tax deductions before deciding the final amount.
The Income Affidavit Rule: Honest Financial Disclosures
Under Supreme Court directions in the Rajnesh v. Neha case, both husband and wife must submit a formal Affidavit of Assets and Liabilities to the court.
This affidavit requires full disclosure of:
- Active bank accounts and salary details.
- Income Tax Returns (ITR) and official employment proofs.
- Owned property, investments, and monthly living costs.
Submitting accurate information is mandatory under the law.
Steps Followed in Family Court Maintenance Cases
If you are involved in a maintenance proceeding in Delhi NCR, the standard legal steps include:
- Submitting the Income Affidavit: Filing a complete disclosure of your assets, income, and monthly expenses as per court rules.
- Verifying Documents: Reviewing financial records, employment histories, and bank details presented during the case.
- Seeking Court Orders for Records: If required, asking the court under Section 91 BNSS to order relevant authorities or banks to submit official financial statements.
Understanding these procedures helps parties present their case clearly before the court.
If you require assistance with family court documentation or legal representation anywhere in Delhi NCR, contact our legal desk at Delhi Law Advocates today.
Consult Our Family Law & Litigation Team
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