Maintenance under Section 144 of BNSS 2023: Rights of Wife, Children, and Parents
Economic security is a basic need in the family. When a person doesn’t fill out his wife, children or parents, despite being sufficient means, law intervenes. Section 144 of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, applicable from 1 July 2024 works for this purpose. This is a new form of section 125 of the old CrPC. The provision is almost the same, but there has been some clarity in the process and timelines.
This article will tell you in simple language what section 144 says, who can claim, how much allowance can be found and how to follow the order.
What is Section 144 of the BNSS?
Section 144 says that if a person refuses or neglects to pay off his wife, child or parents, despite being sufficient means, a first class magistrate may order monthly allowance.
This provision is religious. It applies to all, whether a person is of any religion. Its main purpose is to avoid being poverty and homeless.
Take practical example. The husband works but doesn’t spend eating and drinking to wife and young children. The wife can apply under Section 144. Magistrate can decide monthly allowance after checking.
Who all can make a claim?
Section 144(1) explicitly empowers four categories:
- Wife: who is unable to bear himself. This includes a divorced woman, provided she has not married again.
- Minor Child: Valid or illegal, married or unmarried, who could not bear himself.
- Adult child: who could not bear himself up to childlessness due to physical or mental disability or injury (except for a married daughter).
- Mother or father: who are unable to bear themselves.
Important: In-laws (parents-in-law) cannot claim maintenance from the daughter-in-law under this section. The Allahabad High Court clarified in 2026 that Section 144 is limited to only specified categories.
What are the conditions for the application?
Magistrate orders only when three things are proven:
- The applicant is unable to provide himself with filling.
- The defendant (which is the application against) has sufficient means.
- The defendant has ignored or denied.
“Enough means” doesn’t just mean cash income. Property, capacity and life level are also seen.
Interim Maintenance and Timeline
The case may also be relief while pending. Section 144 provides for the expenditure of interim allowance and proceedings.
The law stipulates that an application for interim maintenance should be disposed of within 60 days of the service of notice, as far as possible. This is relief for the deadline applicant. Earlier such cases had been stretching.
The allowance usually starts from the date of application, if the magistrate give such an order. Guidelines for Supreme Court’s Rajnesh vs Neha (2020) decision are still applicable. Both sides have to oath the property, income and liabilities.
How is the allowance amount determined?
There is no maximum or minimum limit in the law. The magistrate decides as much as deemed appropriate.
Courts usually see these things:
- Income and property of husband/respondent
- Applicant’s needs and life levels
- Children’s education and health
- Ability to earn both sides
- Existing responsibilities
According to Rajnesh vs Neha, courts may consider around 25 percent of income a guide, but this is not a binding formula. Facts of every case are different.
In 2026, the Supreme Court extended the allowance of wife, seeing husband’s income in a case. The court said that paying voluntary loan cannot be kept above primary maintenance liability.
Defense against the wife’s claim
The husband can oppose the wife’s claim on some basis:
- Wife is living in adultery
- The wife refuses to stay with the husband for an adequate reason
- Both are living separated by mutual consent
This is on the husband’s weight to prove rescue.
How is the order enforced?
If the person does not follow the order, magistrate:
- May issue warrant to recover outstanding amount (like fine recovery)
- Can order a imprisonment of up to one month for outstanding every month
The application of recovery is usually required within one year from the date of the amount is due.
Where to apply?
The application is filed in front of the first class magistrate or where the Family Court is held in the Family Court. The rules of jurisdiction are in Section 145. The applicant can apply at his residence or the residence of the defendant.
| Aspect | Old CrPC Section 125 | New BNSS Section 144 |
| Basic rights | equals | equals |
| Interim allowance deadline | not clear | as long as 60 days |
| Definition of wife | Divorced included | Divorced included |
| Enforcement | Up to imprint 1 month | equivalent, process clear |
| Pending cases | Before July 1, 2024, the cases go through the old law | Before July 1, 2024, the cases go through the old law |
Practical Scenario
Delay may affect the beginning of allowance. Keep the full details of income-business. If you are defendant then fill the oath-letter correctly. False information can damage later.
This provision is for the safety of weak members of the family. It is not the law to punish anyone, but to ensure fill-nutrition. By taking the right information and timely step, you can protect your rights.
