Maintenance under Section 144 BNSS is a quick, summary remedy that lets a wife, child or parent claim monthly support from a person who has the means but neglects or refuses to provide it. It replaces Section 125 of the Code of Criminal Procedure and applies to people of all religions. This guide explains who can claim, how the amount is decided, how the order is enforced and what the Supreme Court has said.
Who can claim maintenance under Section 144 BNSS?
A Magistrate of the first class can order a person who has sufficient means, but neglects or refuses to maintain, to pay a monthly allowance to:
- His wife, who is unable to maintain herself. The term includes a divorced woman who has not remarried.
- His legitimate or illegitimate minor child, whether married or not, who is unable to maintain itself.
- His adult child, married or unmarried, who has a physical or mental abnormality or injury and cannot maintain itself.
- His father or mother, who is unable to maintain himself or herself.
There is no upper limit on the amount. The old cap of five hundred rupees was removed years ago, and the court fixes a reasonable sum.
Interim maintenance
The Magistrate can order interim maintenance while the case is pending. The law requires that an application for interim maintenance be disposed of, as far as possible, within 60 days from the date of service of notice on the other side. The final application is meant to be a summary proceeding and not a long trial.
How is the amount decided?
There is no formula, but courts consider:
- The income, assets and liabilities of both spouses.
- The standard of living during the marriage.
- The needs of the wife and children, including education and medical needs.
- The earning capacity of the wife and whether she was forced to give up work.
- The age and health of the parties and the responsibilities of the husband.
In *Rajnesh v. Neha* (2020), the Supreme Court directed both parties to file a detailed affidavit of assets and liabilities. It also said maintenance should ordinarily be awarded from the date of the application and that overlapping claims under different laws must be disclosed and adjusted so that the same amount is not paid twice.
When can a wife be refused maintenance?
Under the Section, a wife is not entitled to an allowance if she is living in adultery, if she refuses without sufficient reason to live with her husband, or if they are living separately by mutual consent. These are matters of evidence and are decided by the court after hearing both sides.
Muslim women and Section 144
In *Mohd. Abdul Samad v. State of Telangana* (2024), the Supreme Court held that a divorced Muslim woman can claim maintenance under Section 125 CrPC, now Section 144 BNSS, irrespective of personal law. The provision is secular and applies to all married women.
Where to file and what to attach
The application can be filed before the Magistrate (or the Family Court, where one is functioning) of the district where the husband or wife resides, where the person against whom it is made resides, or where they last lived together. A good application includes:
- Marriage proof, birth certificates of children and ID proofs.
- Proof of the husband’s income: salary slips, business records, bank statements and tax returns.
- Records of expenses: school fees, rent, medical bills.
- The affidavit of assets and liabilities as required by the Supreme Court.
Enforcement of the order
If the person does not pay, the Magistrate can issue a warrant to recover the arrears as if it were a fine. He can also sentence the defaulter to imprisonment for up to one month for each month’s default (or until payment, if earlier). An application for enforcement should be made within one year of the date the amount fell due.
Other routes for maintenance
Section 144 is not the only remedy. Maintenance can also be claimed under:
- The Hindu Adoptions and Maintenance Act, 1956.
- Sections 24 and 25 of the Hindu Marriage Act, 1955, in divorce and related cases.
- The Protection of Women from Domestic Violence Act, 2005.
Courts take earlier awards into account to avoid double payment. If criminal proceedings between the spouses are also pending, read our guide on cruelty and dowry harassment under BNS Section 85. You can read the Sanhita on India Code.
Frequently Asked Questions
What is Section 144 BNSS?
It is the maintenance provision of the Bharatiya Nagarik Suraksha Sanhita. It replaces Section 125 CrPC and lets a wife, child or parent claim monthly maintenance from a person who neglects or refuses to support them despite having the means.
Is there a maximum amount of maintenance?
No. The Magistrate fixes a reasonable amount based on the means and needs of the parties. There is no statutory ceiling.
How quickly is interim maintenance decided?
The law requires an application for interim maintenance to be disposed of within 60 days of service of notice on the other party, as far as possible.
Can a working wife claim maintenance?
Yes, if her income is not enough to maintain herself in a manner reasonably consistent with the standard of living in the marriage. The court looks at her actual income and needs.
Can a divorced wife claim under Section 144?
Yes, as long as she has not remarried and is unable to maintain herself. The right applies to women of all religions.
What happens if the husband does not pay?
The Magistrate can recover the arrears like a fine and can send him to prison for up to one month for each month of default. The application for recovery should be made within one year of the due date.
Can parents claim maintenance from their children?
Yes. A father or mother who cannot maintain himself or herself can claim monthly maintenance from a son or daughter who has sufficient means.
This article is general legal information and not a substitute for advice on your specific case. Consult an advocate before acting.
