How do I file a maintenance case for my wife and child in the Agra family court?

Detailed Legal Analysis

You can file a maintenance petition in the Family Court established under Uttar Pradesh Rent Control Act 1972 at Agra for your wife and child, claiming monthly maintenance under the relevant personal law and the Code of Criminal Procedure. The petition should set out the income of the spouse, the needs of the dependants, and the standard of living, and the court may grant interim maintenance pending the final decision.

The Allahabad High Court has held that maintenance must be awarded on the basis of the earning capacity and not merely the actual income, and that the dependant should not be left in destitution. The Family Court follows a conciliation-first approach under Uttar Pradesh Rent Control Act 1972, and you should be prepared for mediation before the evidence stage.

Collect salary slips, bank statements, and the marriage certificate, as these are essential to establish entitlement and the capacity of the spouse to pay.