Legal Notice for Maintenance (Wife, Child, Parents) Format
A maintenance legal notice demands that a husband, father or adult child pay regular monthly support to a dependant who cannot maintain themselves. It sets out the relationship, the neglect and the amount claimed, and precedes an application under Section 144 of the BNSS (earlier Section 125 CrPC) or a claim under personal or senior-citizen law.
When to send this notice
Use this notice when a wife, child or parent has been left without adequate financial support by the person legally bound to provide it, despite having sufficient means. It is often sent before filing a maintenance application, to record the demand and invite a voluntary arrangement; where there is urgency or domestic violence, applications can be filed directly without a notice.
Statutory basis
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced Section 125 of the Code of Criminal Procedure, 1973 from 1 July 2024) lets a Magistrate order a person with sufficient means to pay monthly maintenance to a wife, children and parents who are unable to maintain themselves, including interim maintenance. Hindus may also claim under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956, and interim maintenance in matrimonial proceedings under Section 24 of the Hindu Marriage Act, 1955. Senior citizens and parents can apply to the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Protection of Women from Domestic Violence Act, 2005 provides monetary relief as well. Courts usually require both sides to file affidavits disclosing income and assets.
[ON THE LETTERHEAD OF THE ADVOCATE] By Registered Post A/D & Email Date: [DD/MM/YYYY] To, [Name of Person Bound to Maintain] [Address] Subject: Legal notice demanding maintenance for [my client / my client and minor child/children / my client as your parent]. Sir/Madam, Under instructions from my client, [Client Name], of [Address], I serve upon you the following notice: 1. That my client is your [wife, married on DD/MM/YYYY / mother / father], [and the minor child(ren) ___, aged ___, are your children]. 2. That since [DD/MM/YYYY] you have [left the matrimonial home / asked my client to leave / stopped providing any financial support], and have neglected and refused to maintain my client [and the child(ren)]. 3. That my client has no independent income sufficient to maintain [herself / himself / the child(ren)], and requires approximately Rs. [Monthly Requirement] per month towards food, housing, medical needs [and the child(ren)'s education]. 4. That you are [employed as ___ with ___ / running a business of ___ / owning properties at ___], earning approximately Rs. [Estimated Income] per month, and have sufficient means to maintain my client. 5. That you are legally bound to maintain my client under [Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956 / the Maintenance and Welfare of Parents and Senior Citizens Act, 2007]. I therefore call upon you to pay my client maintenance of Rs. [Amount Claimed] per month, from [DD/MM/YYYY], by the [___] day of each month into account [details to be shared], and to clear arrears of Rs. [___], within fifteen (15) days of receipt of this notice, failing which my client shall file an application for maintenance and interim maintenance before the competent court or Tribunal, at your cost. [Advocate Name] [Enrolment No. / Contact]
Replace every [placeholder] with your own details before use.
How to send this legal notice
From draft to proof of delivery and the next legal step.
Choose the right route — BNSS Section 144, HAMA, matrimonial proceedings, domestic violence law or the senior citizens Tribunal.
Prepare a monthly budget of genuine needs and gather evidence of the other party’s income and assets.
Draft the notice with the relationship, the neglect and the monthly amount claimed.
Send it by Registered Post A/D and email and keep the receipts.
Be ready to file an affidavit of assets, income and expenditure, which courts commonly require.
If there is no voluntary arrangement, file the maintenance application with a prayer for interim maintenance.
Frequently asked questions
Is a notice needed before filing for maintenance?
No. A maintenance application can be filed directly. A notice is useful to record the demand and give a chance for a voluntary arrangement, but should not delay urgent relief.
Can a working wife claim maintenance?
Possibly. Courts look at whether her income is sufficient to maintain the standard of living she was used to. Earning some income does not automatically bar a claim.
Can parents claim maintenance from their children?
Yes. Parents unable to maintain themselves can claim under Section 144 BNSS or before the Maintenance Tribunal under the 2007 senior citizens law against children or relatives with sufficient means.
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Related tools and guides
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