Drafting a maintenance petition under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is important in obtaining financial support from those legally obligated to provide for them. The provision of maintenance is in line with Indian Constitution, particularly Article 15(3) and Article 39(f), which can be considered as guiding principles for the provision of Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Onus of Proof:
To initiate a successful maintenance petition, the petitioner must prove neglect on the part of the respondent. The refusal to maintain is assessed based on facts and circumstances, and it is essential to establish that the respondent has sufficient means to provide maintenance.
Extent of Claiming Insufficiency:
The term "means" includes tangible goods, property, and potential earning capacity. Supreme Court in the case of Rajnesh v. Neha, emphasized that an able-bodied individual is presumed capable of maintaining their dependents. Claiming insufficiency requires proof that the inability to maintain is beyond one's control.
Who Can Seek Maintenance:
Section 144 BNSS allows maintenance claims from wives, legitimate and illegitimate children, and parents. Various conditions apply for obtaining maintenance, such as adultery, unjust refusal to live together, or separation by mutual consent for spouses.
Maintenance for Children:
Maintenance can be sought for minor children, regardless of custody. The age to claim maintenance is not a bar, and children with physical or mental abnormalities may seek support even after attaining majority.
Drafting Pointers for Maintenance petition:
1. Index, Synopsis, and List of Date and Events: Provide a clear overview and chronological narration of relevant facts.
2. Case Details: Include case number, parties' details, and a memorandum.
3. General Pointers: Present expanded facts, parties' status, marriage details, relationship nature, and financial deprivation.
4. Jurisdiction: Specify the court's jurisdiction.
5. Prayer: Clearly state the relief sought, including a specific amount for maintenance.
6. Verification and Affidavit: Follow a standard format for verification and affidavit.
Conclusion:
Drafting a maintenance petition is important in seeking the maintenance amount. The provided guidelines and drafting pointers aim to simplify the process, ensuring a speedy and accessible remedy for those in need, irrespective of their personal laws.
Let's now see some FAQs based on above article:
Q1: What is Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)?
A1: Section 144 BNSS is a legal provision in India that allows individuals, including wives, children, and parents, to seek maintenance from those legally obligated to provide for them.
Q2: What grounds are necessary for the grant of maintenance under Section 144 BNSS?
A2: The petitioner must prove neglect on the part of the respondent. It is essential to establish that the respondent has sufficient means to provide maintenance.
Q3: How does one claim insufficiency for maintenance under Section 144 BNSS?
A3: The term "means" includes tangible goods, property, and potential earning capacity. Claiming insufficiency requires proof that the inability to maintain is beyond one's control.
Q4: Who can seek maintenance under Section 144 BNSS?
A4: Maintenance claims can be initiated by wives, legitimate and illegitimate children, and parents under Section 144 BNSS. Conditions apply, such as adultery or unjust refusal to live together for spouses.
Q5: Can children claim maintenance under Section 144 BNSS after attaining majority?
A5: Yes, children with physical or mental abnormalities may seek maintenance even after attaining majority under Section 144 BNSS.
Q6: What are the key drafting pointers for a maintenance petition under Section 144 BNSS?
A6: Include an index, synopsis, list of dates and events, case details, general pointers, jurisdiction, prayer, and verification and affidavit in the maintenance petition.
Q7: Why is jurisdiction important in a maintenance petition under Section 144 BNSS?
A7: Mentioning jurisdiction is crucial to clarify whether the court has the authority to preside over the matter under Section 144 BNSS.
Q8: How does Section 144 BNSS align with the principles outlined in the Indian Constitution?
A8: Section 144 BNSS is rooted in the philosophy of civic responsibilities outlined in the Indian Constitution, particularly Article 15(3) and Article 39(f).
Q9: Can a maintenance petition under Section 144 BNSS be filed irrespective of personal laws?
A9: Yes, the guidelines provided aim to ensure a speedy and accessible remedy for those in need, irrespective of their personal laws.
Drafting a maintenance petition under Section 144 BNSS (Bharatiya Nagarik Suraksha Sanhita) : Key guidelines
Comments