Section 144 BNSS: Maintenance of Wife, Children and Parents
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the current summary maintenance provision for wives, children and parents. It replaced the procedural framework historically associated with Section 125 of the Code of Criminal Procedure.
For proceedings governed by the BNSS, petitions and legal research should use Section 144 BNSS and the connected Sections 145 to 147 dealing with procedure, alteration and enforcement. This guide explains eligibility, interim maintenance, jurisdiction, date from which maintenance can be awarded, enforcement, divorced wives and common objections.
Who Can Claim Maintenance Under Section 144 BNSS?
Where a person having sufficient means neglects or refuses to maintain an eligible dependent, a Magistrate of the first class may order monthly maintenance. Section 144 covers:
- Wife unable to maintain herself.
- Legitimate or illegitimate child, whether married or not, unable to maintain itself, subject to the statutory terms.
- An adult child, other than a married daughter, unable to maintain itself because of physical or mental abnormality or injury.
- Father or mother unable to maintain himself or herself.
The official provision is available at India Code — Section 144 BNSS.
Does “Wife” Include a Divorced Woman?
Yes. For this chapter, the statutory explanation states that “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
This does not mean every divorced wife automatically receives maintenance. The statutory conditions, financial circumstances, prior settlements, remarriage and other legal factors must still be examined.
Interim Maintenance Under Section 144
The Magistrate may award interim maintenance and reasonable expenses of the proceeding while the main maintenance case is pending.
The statute states that an application for interim maintenance and expenses should, as far as possible, be disposed of within 60 days from service of notice on the respondent.
Interim maintenance is therefore not merely a final-trial remedy. Proper income documents, expenditure details, dependent obligations and financial disclosures should be prepared from the beginning of the case.
From What Date Can Maintenance Be Awarded?
Section 144(2) provides that maintenance, interim maintenance and proceeding expenses may be payable:
- from the date of the order; or
- if the Magistrate so orders, from the date of the application.
This makes the date of filing practically important. A long-pending matter can create substantial arrears where the court directs payment from the application date.
Where Can a Section 144 BNSS Maintenance Case Be Filed?
Section 145 BNSS provides the procedural jurisdiction. Proceedings may be taken in a district where:
- the respondent is;
- the respondent or his wife resides;
- the respondent last resided with his wife, or with the mother of the illegitimate child, as applicable; or
- the father or mother resides, in a parental maintenance claim.
Jurisdiction should be checked from the actual residence and relationship facts rather than assumed from the place of marriage alone.
Can the Court Proceed Ex Parte?
Yes. Under Section 145, if the Magistrate is satisfied that the respondent is wilfully avoiding service or wilfully neglecting to attend court, the case may be heard and determined ex parte.
An ex parte maintenance order may be set aside for good cause on an application made within the statutory period, subject to terms the Magistrate considers just.
What Must a Claimant Prove?
The precise burden depends on the category of claimant, but common factual issues include:
- the relevant marital, parental or child relationship;
- the claimant’s inability to maintain herself/himself as required by the section;
- the respondent’s sufficient means or earning capacity;
- neglect or refusal to maintain;
- reasonable needs and standard of living;
- actual income, assets, liabilities and dependants of both sides where relevant.
Maintenance litigation is heavily document-driven. Bare estimates of income should be supported by bank statements, salary material, tax records, business records, asset documents or legally obtainable financial evidence wherever possible.
Important Documents in a Maintenance Case
Depending on the facts, useful documents can include:
- marriage certificate or marriage proof;
- child birth certificate/school records;
- identity and address documents;
- bank statements;
- income-tax returns;
- salary slips/Form 16;
- business/GST/company records;
- loan and EMI documents;
- rent and household expense records;
- medical and education expenses;
- proof of other dependants;
- property and investment documents;
- communications showing neglect/refusal or prior payments.
Can a Working Wife Claim Maintenance?
Employment by itself does not answer the statutory question in every case. The court may examine the wife’s actual income, ability to maintain herself, reasonable needs, standard of living and the respondent’s means. A nominal income, temporary work or insufficient earnings may require different treatment from substantial independent income.
Similarly, a respondent should not rely only on the assertion that the claimant “can work.” The dispute should be supported by evidence of actual qualifications, employment, income, assets and financial circumstances.
When Can a Wife Be Disentitled Under Section 144?
Section 144 contains statutory restrictions. A wife is not entitled to maintenance or interim maintenance under this section if:
- she is living in adultery;
- without sufficient reason, she refuses to live with her husband; or
- the parties are living separately by mutual consent.
The statutory text also recognises that where the husband has contracted another marriage or keeps a mistress, this is a just ground for the wife’s refusal to live with him.
These are legal conclusions requiring proof. Allegations of adultery, separation by consent or unjustified refusal should not be pleaded casually without supporting facts.
Maintenance for Children
Section 144 expressly protects legitimate and illegitimate children within its statutory conditions. The court may examine age, disability where applicable, education, health, ordinary living expenses and each parent’s financial circumstances.
Child maintenance should be distinguished from spousal maintenance. A dispute between spouses does not extinguish the independent needs of the child.
Maintenance for Parents
A father or mother unable to maintain himself or herself can invoke Section 144 where the statutory conditions are met. Section 145 expressly includes a jurisdictional basis linked to where the father or mother resides.
Parents and senior citizens may also have remedies under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, depending on the facts. The two statutory routes should not be conflated.
How Is the Amount of Maintenance Decided?
Section 144 does not prescribe one fixed percentage for every case. The Magistrate determines an appropriate monthly allowance from the evidence and circumstances.
Relevant factors can include:
- income and earning capacity;
- assets and liabilities;
- reasonable needs;
- standard of living;
- number of dependants;
- medical expenses;
- education expenses of children;
- rent or housing arrangements;
- existing maintenance orders in connected proceedings;
- actual payments already being made.
Where multiple matrimonial proceedings are pending, disclose earlier maintenance orders so that courts can appropriately account for overlapping relief and avoid unfair duplication.
Alteration of Maintenance Under Section 146 BNSS
Section 146 allows the Magistrate to alter maintenance or interim maintenance upon proof of a change in circumstances.
Examples may include a material change in income, employment, health, dependency or other circumstances relevant to the existing order. The section also contains rules dealing with later civil-court decisions and certain events following divorce, including remarriage.
How Is a Maintenance Order Enforced?
Section 144(3) provides enforcement machinery where the person ordered to pay maintenance fails without sufficient cause. The Magistrate may issue a warrant for recovery of the amount due in the manner provided for levying fines, and the statute contains a limited imprisonment mechanism for unpaid monthly amounts after execution of the warrant.
A crucial limitation is that recovery through such a warrant must be sought within the statutory period specified for the amount becoming due.
Section 147 BNSS further provides that a maintenance order may be enforced by a Magistrate in any place where the person against whom it was made may be, once identity and non-payment are established.
Section 144 BNSS vs Section 24 and Section 25 Hindu Marriage Act
These are different remedies.
- Section 144 BNSS: summary maintenance for eligible wives, children and parents under the criminal-procedure code framework.
- Section 24 HMA: interim maintenance and litigation expenses during a matrimonial proceeding between spouses.
- Section 25 HMA: permanent alimony and maintenance in matrimonial proceedings.
Depending on the case, remedies can overlap procedurally, but courts should be informed of connected orders and payments. See our separate guides on interim maintenance under Section 24 HMA and permanent alimony under Section 25 HMA where available.
Section 144 BNSS and Domestic Violence Act Maintenance
The Protection of Women from Domestic Violence Act, 2005 can also provide monetary relief in appropriate domestic-violence proceedings. The statutory basis, forum and relief differ from Section 144 BNSS even where both proceedings concern financial support.
See our guide on domestic violence and matrimonial remedies.
Defence in a Section 144 Maintenance Case
A respondent should present evidence, not broad assertions. Relevant issues may include:
- actual income being lower than alleged;
- the claimant’s independent income/assets;
- existing payments already being made;
- other legally dependent family members;
- loans and genuine unavoidable liabilities;
- incorrect or concealed financial information;
- statutory disentitlement under Section 144(4), where genuinely applicable;
- jurisdictional objections;
- overlapping maintenance orders requiring adjustment.
Deliberate concealment of income by either side can damage credibility. Financial disclosure should be complete and internally consistent.
Frequently Asked Questions
What is the new section for Section 125 CrPC maintenance?
The current BNSS provision is Section 144, titled “Order for maintenance of wives, children and parents.”
Can a divorced wife claim under Section 144 BNSS?
The statutory definition of wife includes a divorced woman who has not remarried, subject to the other legal conditions and subsequent provisions governing alteration/cancellation.
Can interim maintenance be awarded?
Yes. Section 144 expressly permits interim maintenance and expenses of proceedings.
Is interim maintenance supposed to be decided quickly?
The provision states that the interim-maintenance application should, as far as possible, be disposed of within 60 days from service of notice.
Can maintenance be granted from the filing date?
Yes. The statute permits payment from the date of the order or, if the Magistrate so directs, from the date of the application.
Can a maintenance case proceed ex parte?
Yes, where the Magistrate is satisfied that the respondent is wilfully avoiding service or wilfully neglecting to attend. Section 145 also provides a route to seek setting aside of an ex parte order for good cause within the prescribed period.
Can a maintenance amount later be changed?
Yes. Section 146 permits alteration where a change in circumstances is proved.
Primary Legal Source
Bharatiya Nagarik Suraksha Sanhita, 2023 — India Code
Disclaimer
This article is for legal education and general information only. It is not solicitation or case-specific advice. Maintenance entitlement and quantum depend on the applicable personal law, BNSS provisions, income evidence, connected proceedings, jurisdiction and individual facts.