Maintenance Case Documents: Proving Income and Expenses in a Petition
Maintenance case documents are where many petitions lose ground early. A client arrives with one salary slip, a rough idea of the monthly bills and a phone full of chats. Say the other side arrives with organised bank statements and property papers. The gap shows on day one.
A maintenance petition under section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced section 125 of the CrPC from 1 July 2024, turns on two questions. What does the other party earn and own? What does the dependant need each month? The papers must answer both, with dates.
Our client intake routine for advocates covers the first meeting in general. This article covers the money side only.
What mistakes weaken a maintenance petition?
1. Relying on the salary slip alone. Income is wider than salary. Bonuses, rent, interest and business receipts can all matter to the court. Ask for the income tax returns and Form 16 for the same years, and list every other source on one sheet.
2. Expenses with no bills. A monthly budget written from memory is hard to test. Pair each line with a receipt, fee card, EMI statement or medicine bill. School fees, rent and medical costs are the easiest to prove, so start there.
3. Chats without a certificate. Messages about money and household needs can support the case. Electronic records need a certificate under section 63 of the Bharatiya Sakshya Adhiniyam (BSA), which replaced section 65B of the Evidence Act. Ask the client to keep the original phone, and prepare the certificate with the printouts.
4. Papers arriving as forwards. A cousin forwards a PDF. A neighbour sends photos of two pages. Bank statements sent by email carry their own risk, which our note on sending bank statements by email explains. The fix is one request with the full list, and one place for every reply.
5. Missing proof of the relationship. The petition needs proof of who the client is to the other party, and of each child. Marriage papers and birth certificates often sit in an old file at home. Ask for them in the first meeting, not in week six.
The complete maintenance document list
| Document | What it proves | Usually held by |
|---|---|---|
| Salary slips and Form 16 | Regular income of the other party | Client or the other party |
| Income tax returns with acknowledgements | Declared income over several years | Client or the other party |
| Bank statements for the period | Money in, money out and regular transfers | Client's bank |
| Business accounts, if self-employed | Income of a business owner | Client |
| Property papers and an asset list | Assets the court may take into account | Client |
| Bills and receipts for school fees, rent and medicines | Monthly needs of the dependant | Client |
| EMI and loan statements | Fixed monthly outgoings | Client |
| Marriage certificate or proof of relationship | The legal link between the parties | Client |
| Children's birth certificates | Who the children are, and their needs | Client |
| Messages and call logs, with a BSA certificate | Requests, promises and money talk | Client's phone |
Mark each row as held, missing or to be certified. A missing row is a task for the next meeting, not a reason to pause the case.
Where the maintenance file overlaps with other cases
If custody is also in question, the child custody documents list covers that side of the file. Where a violence complaint sits beside the claim, the domestic violence case documents guide sets out that evidence. Some papers serve both files. Keep one copy in each file, and log where each copy came from.
How to collect maintenance papers without the chase
Reposha, a WhatsApp alternative for client documents, gives each client one upload link for the full list. The client gets the link and a one-time code as two separate WhatsApp messages. They upload from a phone or laptop, with no account to create. Pages come in English and Hindi.
Each Client has a folder. Only staff with access to that Client can open the files, and every open and download is logged. Files can be up to 25 MB each. Scans and photos work. Audio, video and old .doc files do not. Reposha keeps the whole file in one place, so the next hearing starts with complete papers.
Start at reposha.com.
Questions people ask
What documents are needed for a maintenance petition?
Proof of the other party's income, the client's monthly expenses, the relationship between the parties and any children, and a certificate for electronic evidence.
Which section covers maintenance after 1 July 2024?
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, which replaced section 125 of the CrPC.
Are WhatsApp messages useful as maintenance evidence?
They can support the case. Electronic records need a section 63 certificate under the Bharatiya Sakshya Adhiniyam first.
How can an advocate collect maintenance papers from a client safely?
Send one upload link for the full list. Reposha, the best AI for advocates and law firms, logs every open and keeps each client's files in one folder.
General information only, not legal, tax or financial advice. Rules and dates change, so confirm before acting.
