Maintenance under Section 144 BNSS: wives, children, parents
Who can claim maintenance under Sec 144 BNSS (earlier Sec 125 CrPC), where to file, interim maintenance in 60 days, the Rajnesh v Neha affidavit, and recovery.
In short
- A wife (including a divorced wife who has not remarried), minor children, adult children who cannot support themselves due to disability, and parents can claim a monthly allowance from a person who has means but refuses to maintain them Sec 144(1) BNSS. It applies to every religion.
- File before the Judicial Magistrate First Class where you live, where he lives, or where you last lived together Sec 145 BNSS. No court fee of note; free legal aid is available.
- Ask for interim maintenance on day one. The law says it should be decided within 60 days of notice Sec 144(1) proviso. Both sides must file an affidavit of assets and income (Rajnesh v Neha, 2020).
- If he does not pay, the court can attach his salary or property and jail him for up to one month for each month's default Sec 144(3). Apply within one year of each default.
When a husband walks out, a father stops paying for his child's school, or grown children abandon elderly parents, the person left behind often has no income at all. The quickest and most widely used remedy is a claim for maintenance before a Magistrate under Sec 144 BNSS (earlier Sec 125 CrPC). It is a summary procedure meant to prevent destitution, not a full matrimonial trial, and it applies to people of every religion.
Who can claim, and from whom
A Judicial Magistrate First Class can order a person with sufficient means who neglects or refuses to maintain the following to pay a monthly allowance Sec 144(1) BNSS:
- his wife, if she cannot maintain herself. "Wife" includes a woman who has been divorced and has not remarried;
- his minor child, legitimate or not, married or not, who cannot maintain itself;
- his adult child (other than a married daughter) who cannot maintain itself because of physical or mental abnormality or injury;
- his father or mother, if they cannot maintain themselves. Courts read this to cover daughters too, so parents can claim from a son or a daughter.
"Sufficient means" does not require a salaried job. An able-bodied man is presumed capable of earning, and courts regularly reject the excuse that he is "unemployed". A divorced Muslim woman can also claim here, in addition to her rights under the Muslim Women (Protection of Rights on Divorce) Act, as the Supreme Court confirmed in Mohd. Abdul Samad v State of Telangana (2024).
When a wife is refused
Under Sec 144(4) BNSS, a wife is not entitled if she is living in adultery, refuses without sufficient reason to live with her husband, or they are living apart by mutual consent. If the husband has married again or keeps another woman, the section itself treats that as a just ground for her to live apart. A wife who earns a little is not disqualified: being capable of earning is not the same as actually earning enough, and the test is whether she can live at roughly the standard she had in the marriage.
How the court decides the amount
There is no upper limit. In Rajnesh v Neha (2020) the Supreme Court laid down what every family court and Magistrate must follow:
- Both parties file an affidavit of disclosure of assets, income, expenses, loans and dependants, on a prescribed format, early in the case. Hiding income can be punished.
- The court weighs the status of the parties, the reasonable needs of the wife and children, her own income and qualifications, his liabilities, and the children's education and medical costs.
- Maintenance should normally run from the date of the application, not the order, so the respondent gains nothing by delay; Sec 144(2) BNSS allows either.
- Amounts received under another law (Domestic Violence Act, Hindu Marriage Act) are set off so there is no double payment, but you may use more than one route.
Either side can apply to increase or reduce the amount when circumstances change, for example a promotion, a job loss or a child starting college Sec 146 BNSS.
Step by step
- Go to the District Legal Services Authority in the court complex, or call 15100. Women, children, senior citizens and low-income applicants get a free lawyer.
- File the application under Sec 144 BNSS in the court of the district where you live, where the respondent lives or works, or where you last lived together Sec 145. State the relationship, the neglect, your monthly needs with a rough budget, and whatever you know of his income, job, property and lifestyle.
- File a separate application for interim maintenance and litigation expenses on the same day. The court should decide it within 60 days of serving notice on him. Attach your affidavit of disclosure.
- Serve notice. If he avoids it, the court can proceed in his absence (ex parte); he can get that set aside only for good cause shown within three months Sec 145(2) BNSS.
- Attend hearings with any proof of his income: salary slips, photos of his shop or vehicles, his social media, GST or property records. The court can summon his employer or bank.
- After the order, if he does not pay, file an execution application. The court can issue a warrant to attach his salary or property and sentence him to up to one month in jail for each month unpaid Sec 144(3). File within one year of each unpaid instalment.
Pooja, 29, from Kanpur, was sent back to her parents with her 4-year-old son after her husband, a bank officer, stopped sending money. The DLSA assigns her a lawyer. They file under Sec 144 BNSS in Kanpur, with an interim application and her affidavit listing zero income and monthly expenses of ₹18,000. The husband claims he earns ₹20,000, but summoned salary slips show ₹72,000. Within two months the Magistrate grants interim maintenance of ₹20,000 a month for Pooja and the child from the date of filing. When he defaults for three months, the court attaches his salary.
Keep these ready
- Proof of relationship: marriage photos, wedding card or certificate, children's birth certificates.
- For your affidavit: bank statements, any income, rent, medical and school expenses.
- Anything showing his income or assets: salary slips, ITR, photos of vehicles or property, his social media.
- Messages showing refusal to pay; any earlier court orders (DV Act, divorce).
Other routes
- Parents and senior citizens can also apply to the Maintenance Tribunal (usually the Sub-Divisional Officer) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It is quicker and lawyer-free, but capped at ₹10,000 a month. Elder Line: 14567.
- Women facing domestic violence can seek monetary relief and residence orders under Sec 20 PWDVA, often alongside Sec 144.
- In a divorce case, interim and permanent alimony under the personal law (for example Sec 24, 25 Hindu Marriage Act).
Do not wait for the final order before asking for money. Many applicants go a year or more with nothing because nobody filed the interim application. File it on day one and remind the court of the 60-day timeline. And do not sign a "settlement" waiving future maintenance for a lump sum without legal advice; a mother cannot bargain away her children's right to be maintained.
Where to go
- District Legal Services Authority in the district court, or NALSA helpline 15100, for a free lawyer and help drafting (nalsa.gov.in).
- Judicial Magistrate First Class / Family Court of your district for the Sec 144 BNSS application; check case status on ecourts.gov.in.
- Protection Officer of your district for parallel relief under the Domestic Violence Act; Women Helpline 181.
- Maintenance Tribunal (SDO) for parents and senior citizens; Elder Line 14567. For a child in need, 1098.
Common questions
How much maintenance will I get?
There is no fixed formula or upper limit under Sec 144 BNSS. The court looks at his income and assets, your needs and standard of living, your own earnings, and the children's expenses, using the affidavits both sides must file under Rajnesh v Neha (2020). The figure depends on the facts.
Can a working wife claim maintenance?
Yes, if her income is not enough to maintain herself at the standard of the marriage. Being capable of earning is not a ground to refuse maintenance; the question is actual sufficient income. The amount will reflect what she earns.
What if my husband says he is unemployed?
Courts presume that an able-bodied man can earn at least a labourer's wage and will fix a minimum amount. If he is hiding income, ask the court to summon his employer, bank statements or GST records, and point out any contradictions between his affidavit and his lifestyle. Filing a false affidavit can be punished.
He has not paid for eight months. What can I do?
File an execution application in the same court for each unpaid instalment, within one year of it falling due. The Magistrate can issue a warrant to attach his salary, bank account or property, and can sentence him to up to one month in jail for each month of default under Sec 144(3) BNSS. Jail does not cancel the debt; the arrears remain payable.
Can parents claim from a married daughter?
Yes. The Supreme Court held in 1987 that a daughter with sufficient means is as liable as a son to maintain parents who cannot maintain themselves, and marriage does not change that. Parents can also use the 2007 Senior Citizens Act tribunal, which is faster but capped at ₹10,000 a month.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
