Yes. A wife who is presently residing in Indore may, subject to the facts of the case and proof of residence, file a maintenance proceeding under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the Family Court, Indore.
The fact that the husband is residing in another city, another district, another State, or even outside India does not by itself prevent the wife from approaching the Family Court, Indore.
The territorial jurisdiction for proceedings under Section 144 BNSS is specifically dealt with by Section 145(1) BNSS. It provides that proceedings may be taken in a district:
- where the husband is;
- where the husband or his wife resides;
- where the husband last resided with his wife; or
- where his father or mother resides.
Therefore, where the wife is genuinely residing in Indore, Section 145(1)(b) itself provides a statutory basis for approaching the appropriate Family Court having jurisdiction at Indore.
What Does Section 144 BNSS Provide?
Section 144 BNSS is the present statutory provision dealing with maintenance of wives, children and parents.
It applies where a person having sufficient means neglects or refuses to maintain:
- his wife who is unable to maintain herself;
- his legitimate or illegitimate child who is unable to maintain itself;
- a major child, other than a married daughter, who because of physical or mental abnormality or injury is unable to maintain itself; or
- his father or mother who is unable to maintain himself or herself.
The provision also permits the Court to grant interim maintenance and reasonable expenses of the proceedings during the pendency of the case. The statute provides that an application for interim maintenance should, as far as possible, be disposed of within sixty days from service of notice of the application.
Section 144 also expressly provides that, for the purposes of this Chapter, the expression “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
Why Can a Wife Residing in Indore File the Case in Indore?
The answer lies in Section 145(1)(b) BNSS.
The provision expressly states that proceedings under Section 144 may be taken in any district “where he or his wife resides.”
Consequently, the wife’s present residence can itself provide territorial jurisdiction.
For example:
Example 1:
The husband is residing in Bhopal, while the wife is presently residing with her parents in Indore. Subject to proof of genuine residence and other applicable requirements, Indore can be a proper territorial forum under Section 145(1)(b).
Example 2:
The husband is working in Mumbai and the wife has returned to her parental home in Indore. The husband’s residence in Mumbai does not by itself deprive the wife of the right to institute the maintenance proceeding in Indore if the statutory territorial requirements are satisfied.
Example 3:
The husband is residing outside Madhya Pradesh, while the wife is residing in Indore. The fact that the husband is outside Madhya Pradesh does not, by itself, prevent proceedings being instituted in Indore.
Thus, the wife’s residence is not merely a matter of convenience. It is expressly recognised by Section 145(1)(b) BNSS as one of the statutory connecting factors for territorial jurisdiction.
Does the Husband Have to Live in Indore?
No.
The husband does not necessarily have to reside in Indore for a maintenance case to be filed in Indore.
Section 145 provides alternative territorial bases. One of those bases is the district where the wife resides.
Therefore, the following situations may still permit proceedings in Indore:
- husband resides in Bhopal;
- husband resides in Ujjain;
- husband resides in Delhi;
- husband works in Mumbai;
- husband resides in another State;
- husband is employed abroad; or
- husband has subsequently shifted his residence from Indore.
The precise facts and the wife’s genuine residence should, however, be properly pleaded and supported.
What Does “Resides” Mean?
This is an important practical issue.
A wife should not assume that merely mentioning an Indore address in the petition automatically establishes territorial jurisdiction.
The Court may examine whether the wife actually resides at the stated place.
For example, if the wife has permanently or ordinarily shifted to Indore after separation and is living with her parents or other family members, the facts supporting her residence should be clearly stated.
Documents that may help establish residence can include:
- Aadhaar or other identity document showing Indore address;
- voter ID;
- rent agreement;
- electricity or utility records;
- bank records;
- employment records;
- school records of children;
- medical records;
- correspondence showing residence;
- other documents demonstrating actual residence in Indore.
The relevant question is not merely what address appears on an identity document. The factual circumstances of residence can be important.
Can a Wife Living With Her Parents in Indore File the Case?
Yes, ordinarily the fact that the wife is living with her parents does not prevent her from relying upon her residence in Indore.
This is particularly relevant in matrimonial disputes.
A wife may have left the matrimonial home because of circumstances such as:
- matrimonial disputes;
- cruelty;
- domestic violence;
- financial neglect;
- harassment;
- husband’s refusal to maintain her;
- husband’s second marriage;
- husband’s relationship with another woman;
- serious differences between the spouses; or
- other circumstances making separate residence necessary.
If she thereafter resides with her parents in Indore, her present residence may become relevant for territorial jurisdiction under Section 145(1)(b) BNSS.
However, the circumstances in which the wife is living separately can also become relevant to the merits of the maintenance claim, and should therefore be pleaded accurately.
What if the Wife Has Recently Returned to Indore?
This requires a factual assessment.
A wife who has returned to her parental home in Indore may still have a valid basis to approach the Family Court, Indore. However, the petition should clearly explain:
- when she came to Indore;
- where she is presently residing;
- whether she intends to continue residing there;
- her relationship with the address mentioned;
- circumstances in which she returned;
- where she was residing immediately before returning; and
- any other facts relevant to territorial jurisdiction.
A temporary visit to Indore is different from actually residing in Indore.
Therefore, a lawyer should draft the jurisdiction paragraph carefully instead of relying upon a bare statement that the wife “resides at Indore.”
What if the Wife and Husband Last Lived Together in Indore?
In that situation, the wife’s position may be even stronger from the territorial-jurisdiction perspective.
Section 145(1)(c) BNSS separately permits proceedings in the district where the husband last resided with his wife.
Therefore, if the parties last actually lived together in Indore and thereafter the husband shifted elsewhere while the wife remained or returned to Indore, Section 145(1)(c) may provide an additional statutory basis for jurisdiction.
The petition should then specifically plead the address and circumstances of the last shared matrimonial residence.
Is the Place of Marriage Alone Enough to File the Maintenance Case in Indore?
Not necessarily.
This distinction is important.
The mere fact that the marriage took place in Indore is not, by itself, stated as an independent territorial ground in Section 145(1) BNSS.
For a Section 144 maintenance proceeding, the statutory territorial grounds include:
- husband’s location;
- wife’s residence;
- last shared residence of husband and wife; and
- residence of husband’s father or mother.
Therefore, if the marriage took place in Indore but neither spouse presently resides in Indore and the parties did not last reside together in Indore, the mere place of marriage should not automatically be treated as sufficient territorial jurisdiction under Section 145.
Can a Wife Working in Indore File a Maintenance Case?
Yes.
Employment of the wife does not automatically prevent her from approaching the Court.
However, her income and financial circumstances can become relevant when the Court determines whether she is unable to maintain herself and, where applicable, the appropriate amount of maintenance.
Similarly, the husband’s:
- salary;
- business income;
- professional income;
- property;
- investments;
- financial resources;
- liabilities; and
- overall financial capacity
may become relevant in determining the amount of maintenance.
Therefore, territorial jurisdiction and entitlement to maintenance are two different questions.
The fact that the wife resides in Indore answers the territorial-jurisdiction question; it does not by itself establish the final amount of maintenance.
Can Maintenance Be Claimed for Children Along With the Wife?
Yes, where the statutory requirements are satisfied.
Section 144 BNSS covers maintenance claims concerning legitimate and illegitimate children who are unable to maintain themselves. It also contains a specific provision concerning a major child, other than a married daughter, who is unable to maintain itself because of physical or mental abnormality or injury.
Therefore, a wife residing in Indore may, depending upon the facts, seek maintenance for herself and eligible children in the same proceeding.
The petition should provide appropriate details concerning:
- the children’s ages;
- education;
- medical needs;
- day-to-day expenses;
- residence;
- school fees;
- other necessary expenditure; and
- the father’s financial capacity.
Can Interim Maintenance Be Requested in Family Court, Indore?
Yes.
Section 144 BNSS specifically permits the Court, during the pendency of the maintenance proceeding, to order interim maintenance and reasonable expenses of the proceedings.
This is particularly important because a maintenance case may take time to reach final adjudication.
The wife should therefore consider, wherever justified by the facts, seeking interim relief rather than waiting until the final decision.
The statutory provision states that the application for interim maintenance and proceedings expenses should, as far as possible, be disposed of within sixty days from the date of service of notice of the application.
The phrase “as far as possible” is important. It should not be understood as an absolute guarantee that every interim application will necessarily be decided within sixty days.
From Which Date Can Maintenance Be Granted?
Section 144(2) BNSS provides that maintenance or interim maintenance and expenses of proceedings are payable from the date of the order, or, if so directed, from the date of the application.
Therefore, the wife should not ignore the importance of the date on which the maintenance application is filed.
A properly drafted application should clearly seek appropriate relief from the date of filing wherever the facts and circumstances justify such a direction.
What If the Husband Says That the Wife Has No Right to File in Indore?
The husband can raise a territorial-jurisdiction objection if he genuinely believes that the statutory requirements have not been satisfied.
For example, he may contend that:
- the wife does not actually reside in Indore;
- the Indore address is only temporary;
- she ordinarily resides elsewhere;
- the parties never last resided together in Indore;
- the petition contains an incorrect address; or
- another statutory forum is applicable.
Such an objection does not automatically succeed.
The Court will examine the pleadings and relevant facts.
If the wife genuinely resides in Indore, Section 145(1)(b) is an important statutory provision in her favour.
What If the Husband Lives Outside Madhya Pradesh?
The husband living outside Madhya Pradesh does not, by itself, prevent the wife from approaching the Family Court, Indore.
For example, suppose:
Wife resides in Indore.
Husband works and resides in Pune.
The matrimonial relationship has broken down.
Husband has stopped maintaining the wife.
The fact that the husband lives in Pune does not automatically require the wife to travel to Pune for her maintenance proceeding if Indore has territorial jurisdiction under Section 145.
Similarly, the same principle may apply where the husband resides in another State, subject to the facts establishing the statutory jurisdiction of Indore.
What If the Husband Lives Abroad?
The husband’s residence outside India does not automatically defeat the wife’s maintenance claim.
Where the Family Court, Indore otherwise has territorial jurisdiction, appropriate legal process and service requirements have to be followed.
The practical issues can, however, become more complicated when the respondent is abroad, particularly regarding:
- service of notice;
- address verification;
- appearance;
- representation through counsel;
- enforcement of an eventual order; and
- evidence concerning foreign income and assets.
Such cases require careful procedural handling.
Does the Husband Have to Personally Attend Every Date?
Not necessarily.
Section 145(2) BNSS contemplates situations in which the personal attendance of the person against whom maintenance is sought may be dispensed with and proceedings may take place in the presence of his advocate. It also contains provisions for proceeding ex parte where the respondent wilfully avoids service or wilfully neglects to attend.
Therefore, a husband living outside Indore should not simply ignore the case.
He should obtain the complete case papers and obtain appropriate legal advice regarding:
- appearance;
- exemption from personal attendance where permissible;
- filing of reply;
- financial disclosure;
- interim maintenance;
- evidence; and
- contesting the matter on merits.
What Happens If the Husband Ignores the Case?
Ignoring a maintenance proceeding can be risky.
Section 145(2) BNSS permits the Court to proceed ex parte if it is satisfied that the respondent is wilfully avoiding service or wilfully neglecting to attend the Court. An ex parte order may subsequently be challenged subject to the statutory requirements and time period.
Therefore, a husband who receives notice from the Family Court, Indore should not assume that living outside Indore gives him immunity from the proceeding.
What Documents Should a Wife Keep Before Filing?
A wife contemplating a maintenance proceeding in Family Court, Indore should ordinarily keep documents relevant to both jurisdiction and maintenance entitlement.
Documents relating to residence
- Aadhaar or other identity document;
- address proof;
- rent agreement, if applicable;
- utility bills;
- bank correspondence;
- employment records;
- children’s school records;
- medical records;
- other documents showing actual residence in Indore.
Documents relating to marriage
- marriage certificate, if available;
- marriage photographs;
- invitation card;
- registration documents;
- other evidence establishing the marital relationship.
Documents relating to financial circumstances
- wife’s salary slips, if employed;
- bank statements;
- details of personal expenditure;
- children’s school fees;
- medical expenditure;
- rent and household expenses;
- other relevant financial documents.
Documents concerning the husband
Where available:
- salary details;
- employment details;
- business information;
- property details;
- vehicle ownership;
- company/directorship information;
- bank or investment information;
- lifestyle-related evidence;
- other material indicating financial capacity.
The Court will ultimately assess the evidence and circumstances of the case.
What Should Be Stated in the Maintenance Petition?
A well-drafted petition should not merely say:
“The petitioner resides in Indore; therefore this Court has jurisdiction.”
A stronger pleading should explain the factual basis of residence.
For example, depending upon the facts, the petition may state that the wife is presently residing at a particular Indore address, that she has been residing there since a particular period, and that the said residence is her actual place of residence.
If applicable, the petition should also plead that:
- the parties last resided together in Indore;
- the wife returned to her parental home in Indore;
- the husband neglected or refused to maintain her;
- the wife is unable to adequately maintain herself; and
- the husband has sufficient means to maintain her.
The jurisdiction paragraph should correspond to the actual facts and should not contain artificial or exaggerated assertions.
Family Court, Indore and the Family Courts Act, 1984
The Family Courts Act, 1984 specifically includes “a suit or proceeding for maintenance” within the jurisdiction of a Family Court under Section 7(1). Section 7(2)(a) further provides for the jurisdiction exercisable by a Magistrate of the First Class under the maintenance provisions of the former Chapter IX of the Code of Criminal Procedure. Section 8 provides for exclusion of ordinary Magistrate jurisdiction in areas where a Family Court has been established.
Thus, where the Family Court, Indore has territorial jurisdiction over the maintenance proceeding, it is the appropriate specialised forum for such matrimonial maintenance litigation.
The Family Courts Act also requires the Family Court, in the first instance where possible, to make efforts to assist the parties in arriving at a settlement.
Can a Wife File Maintenance and Other Matrimonial Proceedings in Indore?
Depending upon the facts and the applicable statute, a wife may have other remedies in addition to proceedings under Section 144 BNSS.
These can include proceedings relating to:
- divorce;
- domestic violence;
- custody of children;
- restitution of conjugal rights;
- permanent alimony;
- other matrimonial reliefs.
However, each proceeding has its own statutory provisions concerning jurisdiction and relief.
Therefore, a lawyer should not assume that the territorial jurisdiction applicable to a Section 144 BNSS proceeding automatically applies in exactly the same manner to every other matrimonial proceeding.
What if There Is Already a Maintenance Order From Another Court?
This situation requires particular caution.
If the wife has already obtained a maintenance order under another statute or proceeding, the existence of that order should be disclosed and considered while determining further relief.
Similarly, if proceedings concerning maintenance are pending before more than one forum, the parties should maintain consistency in their pleadings and financial disclosures.
Suppression of an earlier proceeding or maintenance order can create unnecessary complications.
Can the Maintenance Amount Later Be Changed?
Yes.
Section 146 BNSS deals with alteration in the maintenance allowance upon proof of a change in circumstances.
Therefore, a maintenance order is not necessarily immutable for all future circumstances.
For example, a substantial change in:
- husband’s income;
- wife’s income;
- employment;
- medical circumstances;
- children’s needs;
- liabilities;
- living circumstances; or
- other material financial conditions
may become relevant to an application for alteration, subject to the statutory requirements.
What If the Husband Stops Paying After an Order?
A maintenance order should not be treated as merely advisory.
Section 144(3) BNSS provides enforcement mechanisms where a person ordered to pay maintenance fails without sufficient cause to comply with the order. The provision includes recovery mechanisms and, subject to the statutory conditions, imprisonment. It also contains a specific limitation regarding the period within which an application for recovery of an amount due should be made.
Therefore, after obtaining a maintenance order, the wife should carefully monitor compliance and take timely steps if amounts remain unpaid.
Practical Example
Suppose a woman was married to a man who is presently residing and working in Ahmedabad.
After matrimonial disputes, she returned to her parental home in Indore and has been residing there continuously.
The husband stops providing financial support.
In such circumstances, the wife may consider instituting a proceeding under Section 144 BNSS before the Family Court, Indore, because Section 145(1)(b) expressly recognises the district where the wife resides as a permissible territorial forum.
If the parties had also last resided together in Indore, Section 145(1)(c) may provide an additional jurisdictional basis.
The husband cannot successfully object merely by saying:
“I do not live in Indore.”
The correct question is whether Indore is a legally permissible territorial forum under Section 145 BNSS.
Important Distinction: Jurisdiction Is Not the Same as Entitlement
This is one of the most important points in a maintenance case.
The fact that a wife resides in Indore may establish a territorial basis for filing the proceeding. It does not automatically mean that maintenance will necessarily be granted.
The wife must still establish the relevant ingredients of her claim, including, as applicable:
- marital relationship;
- husband’s sufficient means;
- neglect or refusal to maintain;
- wife’s inability to maintain herself;
- relevant circumstances concerning separate residence; and
- other facts necessary for the relief claimed.
Similarly, the husband is entitled to place his financial circumstances and legal defences before the Court.
Therefore:
Residence in Indore → territorial jurisdiction
but
Entitlement to maintenance → separate factual and legal determination.
Practical Checklist for a Wife Residing in Indore
Before filing a Section 144 BNSS maintenance proceeding in Family Court, Indore, the wife should discuss the following with her advocate:
- Where is she actually residing?
- Since when has she been residing in Indore?
- Is her Indore residence permanent or temporary?
- Where does the husband presently reside?
- Where did the parties last reside together?
- Is there any previous maintenance proceeding?
- Is there a pending divorce or matrimonial case?
- Is there a Domestic Violence Act proceeding?
- Are children also claiming maintenance?
- What is the husband’s occupation and approximate income?
- What is the wife’s own income, if any?
- What are the monthly household and medical expenses?
- What expenses are incurred for children?
- What documents establish the wife’s residence in Indore?
- What documents establish the marriage?
- Is interim maintenance required?
- Should maintenance be sought from the date of application?
- Are there any previous orders concerning maintenance?
- Are there any settlement discussions?
- Is there any jurisdictional issue likely to be raised by the husband?
Final Legal Position
Yes, a maintenance case can ordinarily be filed in Family Court, Indore where the wife presently genuinely resides in Indore, subject to the Court having territorial jurisdiction on the facts of the case.
The principal statutory basis is Section 145(1)(b) BNSS, which expressly permits proceedings under Section 144 to be instituted in the district where the husband or his wife resides. Section 145(1)(c) may provide an additional basis where the parties last resided together in Indore.
The Family Courts Act, 1984 expressly recognises proceedings for maintenance within the jurisdiction of Family Courts.
Therefore, a husband residing outside Indore cannot object to the jurisdiction of the Family Court, Indore merely on the ground that he does not live in Indore. The wife’s genuine residence in Indore can itself be a statutory basis for territorial jurisdiction.
At the same time, the wife should ensure that her actual residence, marital relationship, financial circumstances and the husband’s alleged neglect or refusal to maintain are properly pleaded and supported by appropriate documents.
For a maintenance proceeding before the Family Court, Indore, careful drafting of the territorial-jurisdiction paragraph is therefore as important as pleading the substantive claim for maintenance.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304