Maintenance

Maintenance of Wives, Children, and Parents (Section 144 BNSS)

The law of maintenance is a measure of social justice designed to prevent vagrancy and destitution. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the famous Section 125 of the CrPC has been rehoused in Section 144.

Crucially, this is a secular provision. It applies to all citizens of India, regardless of their religion or personal laws, ensuring that dependent family members are not left to starve.

1. Who is Entitled to Maintenance?

Under Section 144(1) of the BNSS, a Magistrate of the first class can order a person to pay a monthly allowance to:

1. His Wife: If she is unable to maintain herself. (Note: The term “wife” explicitly includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried).
2. His Child: Legitimate or illegitimate, whether married or not, who is unable to maintain themselves.
3. His Abnormal Adult Child: Legitimate or illegitimate (not being a married daughter) who has attained majority, but is unable to maintain themselves due to physical or mental abnormality/injury.
4. His Father or Mother: If they are unable to maintain themselves.

🚨 The Major BNSS Change (Exam Alert!): > Under the old Section 125(1)(b) CrPC, the law specifically stated “legitimate or illegitimate minor child”. Under Section 144(1)(b) of the BNSS, the legislature has intentionally omitted the word “minor”. This is a massive shift, potentially expanding the scope for unmarried major children to claim maintenance directly under this provision.

2. Essential Conditions to Claim Maintenance

To successfully secure a maintenance order from the Magistrate, three primary ingredients must be proven:

1. Sufficient Means: The person against whom the claim is made must have sufficient financial capacity (this includes earning capacity, not just liquid cash).
2. Neglect or Refusal: The respondent must have neglected or refused to maintain the dependents.
3. Inability to Maintain: The claimant (wife, child, or parent) must genuinely be unable to maintain themselves.

3. When is a Wife Disqualified?

The right to maintenance for a wife is not absolute. Under the BNSS, a wife shall not be entitled to receive maintenance if:

• She is living in adultery.
• She refuses to live with her husband without any sufficient reason.
• They are living separately by mutual consent.

(Exception: If the husband has contracted a marriage with another woman or keeps a mistress, it is considered a “just ground” for the wife’s refusal to live with him).

4. The Adjudication Process (Visualized)

Here is how a Magistrate evaluates a maintenance application under Section 144 BNSS:

flowchart TD
    A["Filing of Application (Sec 144)"] --> B{"Is claimant eligible? (Wife/Child/Parent)"}
    
    B -- "Yes" --> C{"Is the claimant unable to maintain themselves?"}
    B -- "No" --> E["Claim Rejected"]
    
    C -- "Yes" --> D{"Does Respondent have sufficient means?"}
    C -- "No" --> E
    
    D -- "Yes" --> F{"Is there neglect or refusal to maintain?"}
    D -- "No" --> E
    
    F -- "Yes" --> G{"Is the claimant the Wife?"}
    F -- "No (Child/Parent)" --> I["Maintenance Ordered by Magistrate"]
    
    G -- "Yes" --> H{"Check Disqualifications"}
    
    H -- "Adultery / Mutual Consent / Left without reason" --> E
    H -- "No Disqualifications" --> I