Mother’s income cannot automatically reduce the father’s child-maintenance liability

Section 144 BNSS is the current statutory provision for maintenance of wives, children and parents. It replaces the former Section 125 of the Code of Criminal Procedure for new proceedings under the BNSS.

For a minor child, the application should state that the child cannot maintain himself or herself, that the father has sufficient means, and that he has neglected or refused to provide maintenance. The child may be represented by the mother or another lawful guardian.

• The claim can include food, clothing, education, medical care, transport and reasonable living expenses.
• The court can consider the child’s age, health, schooling and ordinary standard of living.
• The father’s salary, business income, property, bank records and lifestyle may be relevant.
• The mother’s actual income may be considered, but it is not an automatic exemption for the father.
• Interim maintenance can be requested while the main application is pending.

A new application in Lucknow should refer to Section 144 BNSS. Older orders may use Section 125 CrPC because they were passed under the previous code; that reference does not change the legal continuity of the maintenance remedy.

Advice on maintenance and family court proceedings can assist with choosing the correct court and preparing the financial schedule.

Child maintenance is assessed from the child’s needs and the resources available to both parents. The law does not create a rule that the father owes nothing whenever the mother is employed.

The court may examine the mother’s earnings to understand the overall household position and to divide reasonable expenses proportionately. That is different from treating her salary as a complete replacement for the father’s financial responsibility.

• Explain the child’s monthly and annual expenses separately.
• State the mother’s income accurately instead of describing it as irrelevant.
• Show the father’s actual earning capacity, not merely his claimed salary.
• Identify education or medical costs that require regular contribution.
• Request disclosure from both sides where income information is disputed.

The mother should avoid exaggerating expenses or withholding her own financial records. A complete disclosure generally gives the court a clearer basis for fixing a fair monthly amount and reduces avoidable objections.

The appropriate court depends on territorial jurisdiction and the nature of the proceeding. In Lucknow, a child-maintenance application may ordinarily be presented before the competent Family Court or Magistrate’s court connected with the child’s, applicant’s or respondent’s residence, subject to the facts of the case.

1. Prepare the application: Mention the child’s details, parentage, custody arrangement, residence, expenses, father’s means and the neglect or refusal to maintain.
2. Prepare an expense chart: Separate school, medical, food, clothing, transport and other recurring costs.
3. Collect documents: Attach identity proof, residence proof, birth certificate, school papers, fee receipts and medical records.
4. Request financial disclosure: Ask the court to direct both parties to file affidavits of assets, income and liabilities.
5. Seek interim maintenance: File a specific request if school fees, rent or medical expenses cannot wait for final disposal.
6. Complete service: Provide the father’s residential, workplace and business addresses wherever available.
7. Reply to objections: Deal with allegations about the mother’s salary, custody, income or alleged voluntary unemployment.
8. Lead evidence: Preserve originals and explain the child’s recurring expenses through documents and testimony.
9. Enforce the order: Keep an arrears statement and apply for recovery if instalments are not paid.

If a serious jurisdictional issue, transfer request or procedural delay arises, advice may be required regarding a remedy before the Allahabad High Court, Lucknow Bench. The High Court will generally require the relevant lower-court record and a clear challenge to the order.

A well-supported application gives the court a practical picture of the child’s needs. A general statement that the father is financially comfortable may be insufficient without documents or reliable information showing his employment, business or assets.

• Child’s birth certificate, Aadhaar record or school certificate.
• School admission papers, fee demands, receipts, transport charges and activity expenses.
• Medical prescriptions, diagnostic reports, bills and insurance records.
• Rent receipts, electricity bills and a monthly household expense statement.
• Mother’s salary slips, bank statements and income-tax documents, where applicable.
• Father’s employer name, designation, salary details, business information, vehicle details or property records.
• Previous maintenance, custody, matrimonial or domestic-violence orders.
• Bank records showing payments made or missed by the father.

If the father conceals income, request directions to produce records or summon information from an employer, bank or relevant authority. Unverified social-media posts should not be the only basis for an income allegation.

If the dispute also involves custody, residence or domestic violence, obtain separate advice before combining claims. A related discussion of maintenance and income is available in this article on maintenance and a husband’s income.

Interim maintenance is requested so that the child’s immediate needs can be met while the main application continues. The court may initially rely on affidavits and documents and may later revise the amount if fuller financial evidence changes the assessment.

A final order under Section 144 BNSS may specify the monthly amount, the date from which it is payable and the method of payment. The mother should maintain a month-wise record of every amount received and every unpaid instalment.

• Request a specific interim amount supported by an expense schedule.
• Use a traceable bank account for payments wherever possible.
• Send a written demand for missed instalments and preserve proof of delivery.
• Update the court about changes in employment, custody, medical needs or income.
• Seek enforcement when the father defaults instead of allowing arrears to remain undocumented.

These are practical estimates, not statutory deadlines. The time may be shorter where the father appears promptly and financial records are complete, or longer where service and evidence remain contested.

Child-maintenance proceedings generally involve a limited court-fee burden, but professional fees depend on drafting, appearances, evidence, urgency and the number of connected disputes. Confirm the correct court before filing in Lucknow, particularly where the parties live in different districts of Uttar Pradesh.

At the first consultation, bring a one-page chronology, a monthly expense chart and all information available about the father’s employment and assets. This allows counsel to decide whether to seek only Section 144 BNSS relief or coordinate it with custody, divorce or domestic-violence proceedings.

• File before the court with a clear jurisdictional connection.
• Seek interim relief where school or medical expenses are immediate.
• Disclose the mother’s income accurately.
• Do not inflate expenses or suppress other maintenance orders.
• Keep certified copies of orders and a complete payment ledger.

For assistance with a maintenance application, use the legal advice and consultation page. The consultation fee adjusts into your case fee if you proceed, so there is no separate charge to begin.

In our practice before the Lucknow Bench, such applications are typically listed within several days to a few weeks after filing if the pleadings and filing formalities are complete. Interim maintenance matters commonly take three to twelve months, while contested final proceedings may take one to two years depending on service, affidavits, evidence and the Family Court’s docket.

The initial case should ordinarily be filed before the competent Family Court or Magistrate having territorial jurisdiction over the child, applicant or respondent. A challenge to an appropriate trial-court order may be considered before the Allahabad High Court, Lucknow Bench, depending on the order and procedural posture.

Judges commonly ask for the child’s birth certificate, school fee documents, medical papers, residence proof, custody details, salary slips, bank statements and affidavits of assets and liabilities from both sides. In UP, trial-level drafting and appearances commonly cost ₹10,000–₹40,000, while a contested revision or writ-stage matter may commonly cost ₹15,000–₹50,000 or more depending on urgency, record size and appearances.

• Carry originals for comparison and a properly indexed set for filing.
• Keep a month-wise statement of unpaid maintenance and proof of each payment.
• Provide correct service addresses and workplace details to avoid repeated summons.

Advocate Onkar Pandey is a practicing lawyer at the Allahabad High Court Lucknow Bench with over 25 years of experience in criminal law, bail matters, FIR quashing, and family law. Enrolled with the Bar Council of Uttar Pradesh (No. UP/4825/1999), he provides expert legal guidance to clients across Uttar Pradesh from his chamber at A-406, High Court, Lucknow. For a consultation on child maintenance under BNSS Section 144, contact Advocate Onkar Pandey at +91 98392 71553.