By Advocate Ajay Malik | Supreme Court, Delhi High Court & All District Courts
In Indian family law, maintenance proceedings constitute an important statutory framework. With the implementation of the new criminal procedure codes, the provisions previously governed by Section 125 of the Code of Criminal Procedure, 1973 (CrPC) have been formally re-enacted under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The primary legislative purpose of Section 144 BNSS is to provide financial support and prevent destitution. However, when an applicant possesses higher educational qualifications, prior professional experience, or independent financial income, family courts undertake a detailed evaluation of both parties’ financial standing.
As trial and appellate counsel managing matrimonial litigation and financial disclosure trials across the Supreme Court of India, the Delhi High Court, and all District Courts (including Dwarka, Saket, Rohini, Patiala House, and Tis Hazari), I have compiled this legal guide to explain the statutory framework, financial disclosure mandates, and evidentiary procedures under Section 144 BNSS.
The Statutory Foundation: Section 144 BNSS
Section 144(1) of the BNSS provides that a magistrate may order a person to make a monthly allowance for the maintenance of their spouse, children, or parents, provided it is established that the applicant is “unable to maintain oneself”.
Key judicial principles governing these applications include:
- Evaluation of Earning Capacity: Courts assess whether a spouse is gainfully employed, has an independent source of income, or possesses professional capacity to earn a livelihood.
- Consideration of Educational Qualifications: While educational degrees alone do not disqualify an applicant, higher courts have ruled that voluntary unemployment without valid reason is a relevant factor during adjudication.
- Relative Financial Standard: The court balances the income, necessary living costs, and bona fide liabilities of both parties to determine an equitable monthly allowance.
Statutory Provision | Legal Purpose | Procedural Impact
Section 144 BNSS | Primary Maintenance Framework | Replaces Section 125 CrPC; requires proof of inability to maintain oneself.
Rajnesh v. Neha Mandate | Assets & Liabilities Affidavit | Mandatory sworn disclosure of all bank accounts, income, and liabilities.
Section 91 BNSS | Summoning Financial Records | Replaces Section 91 CrPC; empowers courts to order production of tax returns and bank logs.
Section 340 BNSS | Prosecution for False Statements | Replaces Section 340 CrPC; applies if false affidavits or suppressed income are submitted.
Financial Disclosures: The Rajnesh v. Neha Framework
To ensure absolute transparency in maintenance adjudication, the Supreme Court of India in Rajnesh v. Neha laid down binding directions making it compulsory for both parties to file a comprehensive Affidavit of Assets and Liabilities.
The affidavit requires full disclosure of:
- Complete bank account statements for the preceding 1 to 3 years.
- Income Tax Returns (ITR), Form 16, and salary slips.
- Immovable property holdings, corporate shareholdings, and business investments.
- Monthly living expenses, medical costs, and outstanding loan liabilities.
If a party fails to disclose active bank accounts or submits inaccurate financial details, the court may draw adverse inferences or initiate proceedings for submitting false evidence under Section 340 BNSS.
Evidentiary Procedures to Establish Financial Standing
When evaluating financial claims in family court, parties rely on documented evidence:
- Section 91 BNSS Applications: A party may apply to the court under Section 91 BNSS requesting orders for third parties—such as banking institutions, tax authorities, or employers—to produce official financial records directly.
- Professional Credentials: Submitting verified records of educational qualifications, past employment contracts, or professional registrations provides objective context regarding earning capability.
- Verified Expense Logs: Ensuring that personal affidavits accurately reflect actual living costs, dependent care obligations, and tax liabilities assists the court in reaching a balanced determination.
Understanding procedural rules ensures that family court proceedings are conducted with clarity and adherence to the law.
Need Legal Consultation for Family Court Proceedings in Delhi NCR?
Advocate Ajay Malik
(Supreme Court, Delhi High Court & All District Courts: Dwarka, Saket, Rohini, Patiala House, Tis Hazari)
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