Application for Modification of Maintenance Order under Section 146 BNSS
Updated sample format for seeking alteration, reduction, enhancement, variation or cancellation of a maintenance or interim-maintenance order where the law permits, with reference to Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This provision corresponds broadly to former Section 127 CrPC.
Updated: 1 September 2026
Applicable Law: Section 146 BNSS
Section 146(1) BNSS empowers the Magistrate, on proof of a change in the circumstances of a person receiving or paying maintenance or interim maintenance under Section 144, to make such alteration in the allowance as the Magistrate thinks fit. Section 146 also addresses variation or cancellation resulting from a competent Civil Court decision and specified situations relating to a divorced woman.
The old Code of Criminal Procedure, 1973 has been repealed, but Section 531 BNSS preserves certain pending proceedings and gives continuity to orders and other matters made under the former Code. Accordingly, the correct provision and cause title should be selected after checking when the original and present proceedings were instituted.
When Can Maintenance Be Modified?
A modification application should identify the existing order, state the later change in circumstances, and explain why that change justifies alteration of the amount or other relief legally available. Depending on the facts, relevant changes may include:
- a substantial and genuine change in income, employment or earning capacity;
- a material increase or decrease in the reasonable needs of the person receiving maintenance;
- new or altered financial responsibilities that are legally relevant;
- a competent Civil Court decision requiring cancellation or variation;
- facts specifically covered by Section 146 concerning a divorced woman; or
- other material changes directly affecting the basis on which the existing maintenance order was made.
Mere assertion is normally insufficient. The applicant should place reliable documents and a clear financial disclosure before the court wherever applicable.
Documents Commonly Filed With the Application
The required documents depend on the case and local court rules. Common supporting material may include a certified or true copy of the existing maintenance order, proof of payments made, recent income and employment records, bank statements where relevant, loan or liability documents relied upon, proof of the alleged change in the other party's circumstances, and the affidavit or financial-disclosure statement required by the concerned court.
Sample Application under Section 146 BNSS for Modification of Maintenance
This specimen retains the original page's husband-applicant/wife-respondent setting but updates the statutory reference and drafting. It must be adapted to the actual parties, court, prior order, relief and facts.
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT / COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS AT __________
CASE / MISC. APPLICATION NO. ______ OF 20__
IN THE MATTER OF:
Age: ___ years, Occupation: ________
Address: __________________________
VERSUS
Age: ___ years, Occupation: ________
Address: __________________________
APPLICATION UNDER SECTION 146 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR ALTERATION / MODIFICATION OF THE MAINTENANCE ORDER DATED __________
MOST RESPECTFULLY SHOWETH:
- That the Applicant and the Respondent are parties to the maintenance proceedings bearing Case No. __________ of 20__, decided / pending before this Hon'ble Court.
- That the marriage between the Applicant and the Respondent was solemnised on __________ at __________ according to the rites and ceremonies applicable to the parties. The parties have been living separately since __________.
- That the Respondent had instituted maintenance proceedings under the applicable law, and this Hon'ble Court passed an order dated __________ directing the Applicant to pay maintenance / interim maintenance of ₹__________ per month. A copy of the order is filed as Annexure A-1.
- That the Applicant has complied with the said order to the extent stated in the accompanying statement of payments. Copies of relevant payment records are filed collectively as Annexure A-2.
- That after the passing of the order dated __________, there has been a material change in circumstances. In particular, ________________________________.
- That the Applicant's present income / employment position is ________________________________. The supporting documents are filed as Annexure A-3.
- That the Applicant also relies upon the following existing and legally relevant financial obligations: ________________________________. Supporting documents are filed as Annexure A-4.
- That, to the Applicant's knowledge and on the basis of the documents presently available, the Respondent's financial / employment circumstances have materially changed in the following manner: ________________________________. The documents relied upon, if any, are filed as Annexure A-5.
- That the above changes arose after / were not available for consideration when the order dated __________ was passed and materially affect the basis of the existing maintenance determination.
- That Section 146(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits alteration of maintenance or interim maintenance upon proof of a change in circumstances.
- That the Applicant is filing the financial disclosure / affidavit and supporting documents required by the applicable law, judicial directions and local court rules, to the extent applicable.
- That the present application is bona fide and is filed in the interest of justice.
PRAYER
In view of the facts stated above, the Applicant respectfully prays that this Hon'ble Court may be pleased to:
a) alter / modify the maintenance or interim-maintenance order dated __________ by reducing / varying the amount from ₹__________ per month to ₹__________ per month, or to such amount as this Hon'ble Court considers just on the evidence;
b) where legally permissible and justified on the facts, cancel or otherwise vary the order dated __________;
c) pass an appropriate interim order regarding operation / enforcement of the existing order during pendency of this application, if this Hon'ble Court finds such relief legally permissible and warranted; and
d) pass any other or further order that this Hon'ble Court may deem fit in the interests of justice.
Place: __________
Date: __________
APPLICANT
Through Counsel
__________________, Advocate
VERIFICATION
I, __________, the Applicant above named, verify that the contents of paragraphs ___ to ___ are true to my personal knowledge, the contents of paragraphs ___ to ___ are based on records / information believed to be true, and that nothing material has been concealed.
Verified at __________ on this ___ day of __________, 20__.
APPLICANT
Affidavit in Support of Application under Section 146 BNSS
IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT / COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS AT __________
CASE / MISC. APPLICATION NO. ______ OF 20__
Mr. H __________ ... Applicant
Versus
Mrs. W __________ ... Respondent
AFFIDAVIT
I, Mr. __________, aged ___ years, occupation __________, residing at ____________________, the Applicant above named, do hereby solemnly affirm and state as follows:
- I am the Applicant in the accompanying application under Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and am acquainted with the facts of the case.
- I have read and understood the accompanying application. The statements of fact made therein are true to my knowledge, records and information as specifically stated.
- The material change in circumstances relied upon by me is: ________________________________.
- The documents annexed to the application are true copies of the documents relied upon by me, subject to proof and admissibility in accordance with law.
- I have not knowingly concealed any material fact relevant to the relief sought in the application.
DEPONENT
VERIFICATION
I, __________, the above-named Deponent, verify that the contents of this affidavit are true and correct to my knowledge and belief, no part of it is false, and nothing material has been concealed therefrom.
Verified at __________ on this ___ day of __________, 20__.
DEPONENT
Frequently Asked Questions
Which section replaces Section 127 CrPC for alteration of maintenance?
Section 146 BNSS is the corresponding provision dealing with alteration in maintenance or interim maintenance under the new procedural law.
Which section now deals with the basic maintenance order?
Section 144 BNSS deals with orders for maintenance of wives, children and parents.
Does job loss automatically cancel maintenance?
No. A party seeking alteration must establish the relevant change in circumstances with evidence. The court considers the facts as a whole and determines whether alteration is justified.
Can the same format be used for enhancement of maintenance?
The structure can be adapted, but the pleadings and prayer must state the particular change in circumstances supporting enhancement and should be supported by appropriate evidence.