Yes. A wife who has returned to her parental home in Indore after separation from her husband can, subject to the facts of her case, file a maintenance proceeding before the Family Court, Indore under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
This is one of the most common questions faced by separated wives and their families:
“My husband is living in another city, but I have come back to my parents in Indore. Can I file my maintenance case in Indore?”
The answer is generally yes, because Section 145(1)(b) BNSS specifically permits proceedings under Section 144 in the district where the husband or his wife resides. Therefore, the husband’s residence outside Indore does not, by itself, prevent the wife from approaching the Family Court, Indore.
However, there is an important distinction between a wife genuinely residing in Indore and a wife who merely gives an Indore address for the purpose of litigation. The actual facts and circumstances of residence can become relevant if territorial jurisdiction is challenged.
1. What is the law regarding maintenance under Section 144 BNSS?
Section 144 BNSS provides a statutory remedy for maintenance of wives, children and parents.
In the case of a wife, where a person having sufficient means neglects or refuses to maintain his wife who is unable to maintain herself, the Court can pass an order directing payment of monthly maintenance.
The provision also permits the Court to grant:
- interim maintenance; and
- reasonable expenses of the proceedings.
The law further provides that an application for interim maintenance and expenses should, as far as possible, be disposed of within 60 days from the date of service of notice.
Therefore, a wife who has returned to her parental home should not assume that she has lost her right to seek maintenance merely because she is no longer residing with her husband.
2. Does the wife have to file the case where the husband lives?
No.
This is perhaps the most important point for a wife living in Indore.
Section 145(1) BNSS provides several alternative territorial forums for proceedings under Section 144.
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.
Consequently, the wife is not restricted to filing the maintenance case only at the place where her husband currently resides.
If she is genuinely residing in Indore, Section 145(1)(b) itself can provide the jurisdictional basis for proceedings in Indore.
3. What if the husband lives outside Indore?
Suppose:
Wife: residing with her parents in Indore
Husband: residing and working in Mumbai
Marriage: solemnized several years earlier
Parties: presently living separately
The wife can invoke Section 144 BNSS and, where the statutory requirements are satisfied, institute the proceeding in Indore.
The husband cannot successfully object merely by saying:
“I live in Mumbai, so the Family Court, Indore has no jurisdiction.”
His residence outside Indore is not by itself decisive because Section 145(1)(b) expressly recognizes the wife’s residence as a possible territorial forum.
The husband can, of course, raise a genuine jurisdictional objection if the wife’s alleged residence in Indore is disputed or if the facts otherwise do not support jurisdiction.
4. What does “resides” mean in this context?
The word resides is important.
A wife relying upon Section 145(1)(b) should ordinarily be able to demonstrate that Indore is genuinely her place of residence.
For example, relevant circumstances may include:
- residence with her parents;
- residential address in Indore;
- Aadhaar or other address documents;
- employment or business in Indore;
- children’s schooling in Indore;
- medical treatment in Indore;
- utility or other residential records;
- correspondence received at the Indore address;
- other circumstances showing actual residence.
The Court will examine the facts of the particular case if residence is disputed.
Therefore, the better legal proposition is not:
“Any wife who gives an Indore address can file a maintenance case in Indore.”
It is:
“A wife genuinely residing in Indore may invoke the territorial jurisdiction recognized by Section 145(1)(b) BNSS.”
5. Can a wife live with her parents and still claim maintenance?
Yes.
A wife returning to her parental home does not, by itself, disentitle her from seeking maintenance.
In many matrimonial disputes, a wife may return to her parents because:
- the matrimonial relationship has broken down;
- she is allegedly subjected to cruelty;
- she is unable to safely continue living with the husband;
- the husband has allegedly neglected or refused to maintain her;
- the husband has left her without financial support;
- there is domestic violence;
- the parties have separated;
- she has children to care for; or
- there are other matrimonial circumstances making separate residence necessary.
The mere fact that she is living with her parents does not automatically mean that she has voluntarily abandoned her husband or forfeited her claim.
The Court will examine the circumstances of separation.
6. Can the husband argue that the wife should go back to the matrimonial home?
He may raise such a contention, but the issue cannot be decided merely by saying:
“She has left me and therefore she is not entitled to maintenance.”
Section 144 itself recognizes circumstances concerning a wife’s refusal to live with her husband.
Where a husband offers to maintain his wife on the condition that she lives with him, the Court may consider the wife’s grounds for refusing to live with him.
The statute specifically provides that if the husband has contracted marriage with another woman or keeps a mistress, that is to be considered a just ground for the wife’s refusal to live with him. It also contains statutory restrictions where the wife is living in adultery, refuses without sufficient reason to live with the husband, or the parties are living separately by mutual consent.
Therefore, the question is not simply where the wife is living, but why she is living separately and what the circumstances of the marriage are.
7. What if the wife returned to her parents because of cruelty?
If a wife alleges that she was subjected to cruelty, violence, harassment, dowry-related demands, abandonment or other serious matrimonial misconduct, the circumstances surrounding her decision to return to Indore can become important.
For example:
The wife was living with her husband in another city. According to her case, matrimonial disputes escalated and she returned to her parents in Indore.
She thereafter files a maintenance proceeding before Family Court, Indore.
The husband may dispute the allegations, but he cannot simply contend that:
“She returned to her parents, therefore she is not entitled to maintenance.”
The Court would have to consider the competing factual and legal claims.
8. What if the wife has children and brings them to Indore?
This situation is particularly common.
Suppose the wife returns to her parental home in Indore along with the minor children.
The maintenance proceeding may involve claims concerning:
- maintenance of the wife;
- maintenance of minor children;
- educational expenses;
- medical expenses;
- other reasonable expenses relevant to the children’s welfare.
Section 144 separately recognizes the maintenance rights of children who satisfy the statutory conditions.
The residence of the children and the surrounding circumstances may also become relevant to the overall proceedings.
9. Does the fact that the wife’s parents are supporting her defeat her maintenance claim?
No, not automatically.
A wife may be temporarily supported by her parents after returning to Indore.
That does not necessarily mean that the husband is relieved of his statutory obligations.
The Court may examine:
- whether the wife has independent income;
- the husband’s financial capacity;
- the wife’s reasonable needs;
- the standard of living during the marriage;
- the needs of children;
- assets and liabilities;
- the circumstances of separation; and
- other relevant facts.
The wife’s parents supporting her temporarily should not be confused with the husband’s legal obligation, if established.
10. Can the husband say, “Her parents are rich, so I don’t have to pay maintenance”?
Ordinarily, the financial capacity of the wife’s parents is not the same thing as the husband’s obligation to maintain his wife.
The husband should instead place before the Court the legally relevant facts concerning:
- wife’s own income;
- wife’s assets;
- husband’s income;
- husband’s liabilities;
- dependent family members;
- existing maintenance orders;
- other financial obligations; and
- the actual needs of the wife and children.
A maintenance proceeding is not ordinarily decided merely by comparing the financial position of the wife’s parents with that of the husband.
11. What if the wife is staying at her parents’ house only temporarily?
This can become a factual question.
If the wife has genuinely shifted her residence to Indore after separation, her residence may support jurisdiction under Section 145(1)(b).
But if she merely visits her parents occasionally while continuing to reside elsewhere, the jurisdictional analysis may be different.
For example:
Situation A:
The wife has permanently shifted to her parental home in Indore after separation and is living there with her children.
Situation B:
The wife lives in another city but occasionally visits her parents in Indore and uses their address for correspondence.
These are materially different factual situations.
The Court can examine the actual nature of residence where territorial jurisdiction is disputed.
12. What if the husband says that the wife deliberately shifted to Indore only to create jurisdiction?
The husband may raise such an objection if he has a genuine factual basis.
For example, if the wife had never lived in Indore and merely came there for a short period immediately before filing the case, the husband may question whether the statutory requirement of residence is actually satisfied.
But such an objection should be based upon evidence rather than assumption.
The Court may consider:
- duration of residence;
- nature of residence;
- family circumstances;
- address documents;
- employment;
- children’s residence;
- previous matrimonial residence;
- date of separation;
- date of shifting to Indore; and
- other surrounding circumstances.
The wife’s actual residence is therefore a matter of fact.
13. What if the parties last lived together in Indore?
This provides another important jurisdictional connection.
Section 145(1)(c) BNSS permits proceedings in the district where the husband last resided with his wife.
Therefore, even if the wife subsequently returns to her parents elsewhere, the place where the parties last resided together can independently become relevant to territorial jurisdiction.
For an Indore case, this can be particularly important.
For example:
The husband and wife lived together in Indore for three years. The husband later shifted to Delhi for employment and the wife returned to her parents in Indore.
The wife may potentially have jurisdictional support both from:
- her present residence in Indore; and
- the fact that the parties last resided together in Indore.
14. What if the husband lives in another State?
The same principle applies.
The husband may be residing in:
- Maharashtra;
- Gujarat;
- Rajasthan;
- Delhi;
- Karnataka;
- Telangana;
- Uttar Pradesh;
- any other State.
His residence outside Madhya Pradesh does not automatically defeat the wife’s ability to institute a Section 144 proceeding in Indore where Section 145 otherwise permits it.
15. What if the husband lives abroad?
A husband living outside India should also not assume that the wife must necessarily file the maintenance case in the foreign country where he resides.
If the Indian Court has territorial jurisdiction under Section 145 and the substantive requirements of Section 144 are satisfied, the proceeding can be instituted in India.
However, an overseas-resident husband can raise practical issues concerning:
- service;
- appearance;
- representation;
- foreign employment;
- foreign income;
- assets abroad;
- exchange rates;
- compliance; and
- enforcement.
These issues should be addressed at the beginning of the proceeding.
16. Does Family Court, Indore have jurisdiction over maintenance proceedings?
The Family Courts Act, 1984 expressly includes proceedings for maintenance within the jurisdiction of a Family Court.
Section 7 provides jurisdiction over a suit or proceeding for maintenance and also provides jurisdiction corresponding to that exercised by a Magistrate of the First Class under the former Chapter IX of the Code of Criminal Procedure concerning maintenance. Section 8 addresses exclusion of the ordinary Magistrate’s jurisdiction in areas where a Family Court has been established.
Accordingly, where the Family Court, Indore has territorial jurisdiction over the maintenance proceeding, the wife can pursue the proceeding there rather than being required to travel to the husband’s city merely because he lives elsewhere.
17. Does filing the maintenance case in Indore mean that the wife will automatically receive maintenance?
No.
This distinction is extremely important.
There are two separate questions:
Question 1: Does Family Court, Indore have jurisdiction?
This is a territorial and forum question.
Question 2: Is the wife legally entitled to maintenance and, if so, how much?
This is a substantive question.
The wife must establish the necessary ingredients of her claim under Section 144.
The husband may contest matters such as:
- his alleged neglect or refusal to maintain;
- wife’s independent income;
- wife’s financial resources;
- allegations concerning matrimonial conduct;
- circumstances of separation;
- his actual income;
- his liabilities;
- other dependants;
- previous maintenance orders;
- the amount claimed.
Therefore, jurisdiction in Indore does not mean that maintenance is automatically granted.
18. Can a working wife who is living with her parents file a maintenance case?
Yes, she can file a proceeding if she otherwise satisfies the statutory requirements.
The fact that she is employed does not automatically answer the question of entitlement.
The Court may examine:
- her actual income;
- her reasonable needs;
- husband’s income;
- the standard of living;
- liabilities;
- children’s needs;
- financial circumstances of both parties; and
- other relevant facts.
Therefore, the correct question is not simply:
“Is the wife working?”
It is:
“What are the actual financial circumstances of both parties and does the wife satisfy the statutory requirements for maintenance?”
19. Can the wife seek interim maintenance from Family Court, Indore?
Yes.
Section 144 permits an application for interim maintenance and reasonable expenses of proceedings during the pendency of the case.
This can be particularly important where the wife has returned to her parental home without sufficient financial resources.
The statute provides that such an application should, as far as possible, be disposed of within 60 days from the date of service of notice.
The wife should therefore not unnecessarily delay placing her financial circumstances before the Court.
20. From what date can maintenance be awarded?
Section 144(2) provides that maintenance or interim maintenance is payable from the date of the order, or, if so directed, from the date of the application.
Therefore, the wife should clearly understand the financial implications of the date from which maintenance is sought.
A request for maintenance from the date of application can have significant consequences, particularly where the proceeding remains pending for a substantial period.
21. What documents should a wife residing with her parents in Indore keep ready?
A wife should prepare a proper file before instituting or defending the proceeding.
Marriage-related documents
- marriage certificate, if available;
- wedding photographs;
- marriage invitation card;
- other proof of marriage.
Residence documents
Where residence in Indore is relevant:
- Aadhaar/address proof;
- rent agreement, if applicable;
- utility documents;
- correspondence;
- children’s school records;
- medical records;
- other documents showing actual residence in Indore.
Financial documents
- bank statements;
- salary slips;
- employment documents;
- evidence of husband’s income, where available;
- information concerning business;
- property details;
- vehicle details;
- investment information, where available.
Matrimonial documents
- messages;
- emails;
- notices;
- complaints;
- relevant correspondence;
- previous settlements;
- other documents relevant to the separation.
Children
If children are involved:
- birth certificates;
- school fee receipts;
- medical bills;
- education expenses;
- other child-related expenditure.
22. What if the husband has not provided financial information?
A wife should provide the Court with whatever reliable information she possesses regarding the husband’s financial position.
This may include evidence of:
- employment;
- salary;
- business;
- properties;
- vehicles;
- professional practice;
- investments;
- bank accounts;
- lifestyle;
- other sources of income.
However, allegations should be supported by documents wherever possible.
An exaggerated income claim without supporting material can weaken the credibility of a party.
23. What if the husband claims that he is unemployed?
The wife should not merely respond:
“He is lying.”
Instead, she should place relevant evidence before the Court if available.
For example:
- previous salary details;
- employment records;
- business records;
- professional qualifications;
- publicly available business information;
- property ownership;
- vehicle ownership;
- bank transactions where legally available;
- other reliable evidence.
The Court can then assess the husband’s actual financial circumstances.
24. What if the wife has also filed a Domestic Violence case?
This is common in matrimonial disputes.
If the wife has proceedings under the Protection of Women from Domestic Violence Act, 2005, she should ensure that the maintenance proceeding and the DV proceeding are properly coordinated.
She should disclose relevant existing orders and claims.
Similarly, if the husband has already obtained or paid maintenance under another proceeding, those facts should be brought to the Court’s attention.
The objective should be to avoid contradictory claims and overlapping monetary relief.
25. What if there is already a maintenance order from another Court?
The wife should not conceal it.
Likewise, the husband should not conceal it.
The Court should have a complete picture of:
- previous maintenance proceedings;
- interim orders;
- final orders;
- amounts paid;
- arrears;
- other monetary relief.
Section 146 BNSS also permits alteration of maintenance upon proof of change in circumstances.
Therefore, maintenance litigation does not necessarily end with one order. Changed circumstances can subsequently become relevant.
26. Can the husband challenge the wife’s Indore residence?
Yes, if there is a genuine factual basis.
For example, the husband may contend that:
- the wife does not ordinarily reside in Indore;
- she has merely borrowed her parents’ address;
- she continues to reside elsewhere;
- the Indore address is temporary;
- the parties last resided somewhere else; or
- the petition contains incorrect jurisdictional facts.
The wife should therefore ensure that her pleadings accurately state the facts concerning her residence.
A false statement concerning territorial jurisdiction can unnecessarily complicate an otherwise legitimate maintenance proceeding.
27. What if the wife is living at her parental home because she cannot afford separate accommodation?
This is a common practical situation.
A wife may return to her parents because she has no independent means to maintain herself.
Her parents may provide accommodation, food and basic support.
That circumstance does not automatically extinguish her statutory claim against her husband.
The Court can examine the actual financial circumstances of the wife and husband.
28. Does living with parents mean that the wife is voluntarily refusing to live with her husband?
Not automatically.
The reason for separate residence matters.
For example, the wife may have left because of:
- cruelty;
- domestic violence;
- husband’s second marriage;
- husband’s relationship with another woman;
- non-maintenance;
- abandonment;
- serious matrimonial disputes;
- unsafe living conditions;
- other legally sufficient reasons.
Section 144 specifically recognizes circumstances in which a wife may have sufficient reason for refusing to live with her husband.
Therefore, the Court must examine the factual circumstances rather than treating residence with parents as conclusive proof of an unjustified refusal to live with the husband.
29. What if the husband sends money to the wife’s parents?
This can become relevant evidence, but its legal effect depends upon the circumstances.
The husband may contend that he has continuously maintained the wife by:
- bank transfers;
- cash payments;
- payment of school fees;
- payment of rent;
- payment of medical expenses;
- payment of household expenses.
The wife may dispute whether those payments were sufficient.
The Court can examine the actual payments and determine their relevance to the maintenance claim.
Therefore, both parties should maintain proper records of financial transactions.
30. Can the wife ask for maintenance even if she has been living separately for several years?
The length of separation by itself does not automatically answer the question of entitlement.
The Court will examine:
- whether the statutory conditions are satisfied;
- circumstances of separation;
- financial condition of the wife;
- financial capacity of the husband;
- conduct relevant under Section 144;
- previous proceedings and orders;
- payments already made; and
- other relevant facts.
The wife should therefore not assume that a long separation automatically destroys her claim.
Likewise, the husband should not assume that a long separation automatically establishes that the wife has no claim.
31. What happens after filing the case in Family Court, Indore?
Broadly, the proceeding may involve:
- filing of the maintenance application;
- scrutiny/registration;
- issuance and service of notice;
- appearance of the husband;
- filing of response;
- consideration of interim maintenance;
- disclosure and production of relevant financial material;
- settlement/mediation efforts where appropriate;
- evidence;
- arguments; and
- final order.
The exact procedure and timeline can vary according to the case and the directions of the Family Court.
The Family Courts Act specifically places a duty upon the Family Court to make efforts for settlement where possible and appropriate.
32. Can the husband avoid appearing personally on every date?
Not necessarily.
The question of personal appearance should be separately considered.
Section 145(2) recognizes proceedings where the personal attendance of the respondent is dispensed with and evidence may be taken in the presence of his advocate. It also contains provisions concerning ex parte proceedings where the respondent wilfully avoids service or attendance.
Therefore, if the husband lives outside Indore, he should engage an advocate and seek appropriate procedural directions rather than simply ignoring the proceeding.
33. What should a wife do before filing the maintenance case in Indore?
A practical checklist is:
Confirm residence
Ensure that she can truthfully state that she is residing in Indore.
Prepare marriage documents
Collect documents establishing the marriage.
Prepare financial information
Collect information regarding her own income and the husband’s financial position.
Prepare the separation chronology
Clearly record:
- date of marriage;
- matrimonial residence;
- date of separation;
- date of return to Indore;
- reason for separation;
- present residence;
- children’s residence.
Identify other litigation
Prepare details of:
- divorce proceedings;
- domestic violence cases;
- criminal cases;
- previous maintenance proceedings;
- child custody proceedings;
- other matrimonial litigation.
Prepare the interim maintenance claim
Calculate reasonable monthly requirements rather than making an arbitrary figure.
Preserve evidence
Keep relevant documents, messages, notices, receipts and financial records safely.
34. What should a husband do if his wife has filed the case in Indore after returning to her parents?
The husband should immediately obtain the complete case papers and determine the legal basis of Indore jurisdiction.
He should ask:
- Does the wife genuinely reside in Indore?
- Did the parties last reside together in Indore?
- Is there another jurisdictional basis under Section 145?
- Is the wife’s residence being falsely stated?
- What amount of maintenance is claimed?
- What is the wife’s actual income?
- What is his own actual income?
- What liabilities does he have?
- Are there other maintenance proceedings?
- Is interim maintenance being claimed?
If there is a genuine jurisdictional objection, it should be properly raised.
If jurisdiction is clearly available, the husband should concentrate on defending the substantive maintenance claim rather than pursuing an unnecessary technical objection.
35. Can the wife settle the matter through Family Court, Indore?
Yes.
The Family Courts Act emphasizes settlement and empowers the Family Court to make efforts to assist parties in arriving at a settlement.
Depending upon the facts, a settlement may address:
- monthly maintenance;
- interim maintenance;
- arrears;
- child expenses;
- education expenses;
- medical expenses;
- one-time settlement;
- withdrawal/settlement of connected litigation;
- matrimonial status; or
- other mutually agreed matters.
Any settlement should be properly drafted and recorded before the competent Court.
36. A practical example
Consider this situation:
Wife: Mrs. A
Present residence: Parents’ home, Indore
Husband: Mr. B
Husband’s residence: Pune
Children: One minor child residing with the mother in Indore
The wife alleges that the husband stopped providing sufficient financial support and that she was compelled to return to her parents in Indore.
She files a Section 144 BNSS proceeding before the Family Court, Indore.
The husband responds:
“I live in Pune. Therefore, Indore Court has no jurisdiction.”
That objection, standing alone, would not answer the statutory position.
Section 145(1)(b) specifically permits a Section 144 proceeding in the district where the wife resides. If the wife genuinely resides in Indore, that provision can provide the territorial basis for the proceeding.
The husband must therefore address the case on its merits and raise any genuine jurisdictional or substantive objections supported by facts and evidence.
37. The most important distinction: parental home versus abandonment
A wife returning to her parental home should not automatically be described as having “abandoned” the matrimonial home.
Similarly, a husband should not automatically be labelled as having “neglected” his wife merely because she is living separately.
Both propositions require examination of the facts.
The Court may consider:
- why the wife left;
- whether the husband provided maintenance;
- whether the wife had sufficient reason to live separately;
- whether the husband genuinely offered to maintain her;
- whether there was cruelty or other matrimonial misconduct;
- whether the parties separated by mutual consent;
- whether there is another marriage or relationship;
- the financial circumstances of both parties.
Section 144 itself contains provisions dealing with these circumstances.
38. Conclusion
A wife who has returned to her parental home in Indore can, subject to the facts of her case, file a maintenance proceeding under Section 144 BNSS before the Family Court, Indore.
The most important statutory provision regarding territorial jurisdiction is Section 145(1) BNSS, particularly Section 145(1)(b), which expressly permits proceedings under Section 144 in a district where the husband or his wife resides. Section 145(1)(c) separately recognizes the district where the husband last resided with his wife.
Therefore, a husband living outside Indore cannot ordinarily defeat an Indore maintenance proceeding merely by saying:
“My wife has returned to her parents, so she must file the case where I live.”
That is not the complete legal position.
At the same time, the wife should ensure that her residence in Indore is genuine and that the jurisdictional facts stated in her petition are accurate. If the husband has a genuine objection concerning territorial jurisdiction, he can raise it before the Court.
For the wife, the practical approach is to establish her residence, marriage, financial needs, husband’s financial capacity and the circumstances requiring separate residence.
For the husband, the appropriate approach is to examine jurisdiction, obtain the complete petition, respond to the interim maintenance claim, disclose relevant financial circumstances, challenge unsupported allegations with evidence and consider settlement where appropriate.
In short: returning to the parental home in Indore does not, by itself, prevent a wife from filing a maintenance case in Family Court, Indore. Where she genuinely resides in Indore, Section 145(1)(b) BNSS provides an important statutory basis for territorial jurisdiction.
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