Maintenance for Wife, Children and Parents Under Section 144 BNSS

Under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old CrPC section 125), a wife, children and parents who are unable to maintain themselves can ask a Magistrate to order a person with sufficient means to pay a monthly maintenance allowance. The case can be filed where the husband is, where either spouse resides, where they last lived together, or where the father or mother resides. There is no upper ceiling on the amount, interim maintenance can be ordered during the case, and default can lead to a warrant and imprisonment of up to one month for each month’s default.

Who can claim and against whom

Section 144 is a quick, social justice remedy meant to prevent destitution. A person “having sufficient means” who neglects or refuses to maintain the following can be ordered to pay:

• Wife who is unable to maintain herself. “Wife” includes a divorced woman who has not remarried. A wife living separately without sufficient reason, living in adultery, or separating by mutual consent is not entitled.
• Minor children, legitimate or illegitimate, whether married or not (for a married minor daughter, only until she attains majority if her husband lacks means).
• Adult children (other than a married daughter) unable to maintain themselves because of physical or mental abnormality or injury.
• Father or mother unable to maintain themselves. A daughter with means can also be asked to maintain her parents.

“Unable to maintain herself” does not mean she must be starving. A wife who earns a small amount can still claim if it is not enough to live in the standard she had in the matrimonial home.

Where and how to file

1. Choose the place. Under section 145(1), proceedings can be taken in any district where the respondent is, where he or his wife resides, where he last resided with his wife (or the mother of the illegitimate child), or where his father or mother resides. A wife who has moved back to her parents in Gorakhpur can file in Gorakhpur.
2. Choose the court. Where a Family Court has been set up under the Family Courts Act, 1984, it hears these cases; elsewhere, the Judicial Magistrate.
3. Draft the application. State the marriage or relationship, the children, the neglect or refusal, your needs and the respondent’s income and assets.
4. File the affidavit of assets and liabilities in the format laid down in Rajnesh v. Neha (2020). The respondent must file his too.
5. Ask for interim maintenance in a separate application right at the start.

How the amount is decided

There is no formula and no cap. In Rajnesh v. Neha (2020), the Supreme Court set out the factors and procedure for maintenance cases across laws:

• both parties must file sworn affidavits disclosing income, assets and liabilities;
• the court looks at the status of the parties, reasonable needs of the wife and children, the respondent’s income and liabilities, the standard of living in the matrimonial home, and whether the wife works;
• maintenance is generally payable from the date of the application;
• where maintenance is claimed under more than one law, the court should take earlier awards into account and adjust, so there is no double payment.

Example: Pooja and Vikas lived in Bhopal. Vikas earns ₹70,000 a month and has no other dependants. Pooja, who left her job after marriage, and their four-year-old son live with her parents. The Magistrate looks at both affidavits, the child’s school fees and their earlier lifestyle, and fixes an amount for each of them. The exact figure depends on evidence, not a fixed percentage.

Enforcement if he does not pay

Under section 144(3), if the person ordered fails without sufficient cause to pay, the Magistrate may issue a warrant to levy the amount due as fines are levied, and may sentence him to imprisonment of up to one month for each month’s allowance remaining unpaid, or until payment if sooner. Apply for recovery promptly: the law requires the application for a warrant to be made within one year from the date the amount became due. Keep a month-wise chart of arrears.

Relationship with the DV Act and HAMA

Section 144 is not the only route. A wife can also seek monetary relief under the Protection of Women from Domestic Violence Act, 2005 (see domestic violence complaint procedure), and Hindus can claim maintenance under the Hindu Adoptions and Maintenance Act, 1956, or in divorce proceedings under the Hindu Marriage Act. These remedies can run side by side, but the courts adjust amounts so that the same need is not paid twice.

Frequently asked questions

Is there a maximum amount under section 144?

No. The ceiling that once existed was removed in 2001 and BNSS does not have one.

Can a working wife claim maintenance?

Yes, if her income is not enough to maintain the standard of living she had. The court considers her earnings.

Can parents claim against a son?

Yes, under section 144, and also under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the Maintenance Tribunal.

Can a husband claim maintenance under section 144?

No. Section 144 covers wife, children and parents. A husband may claim under other laws such as the Hindu Marriage Act in matrimonial proceedings.

From which date is maintenance paid?

Generally from the date of the application, as held in Rajnesh v. Neha.

Quick quiz

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Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023, sections 144 and 145
• Code of Criminal Procedure, 1973, section 125 (repealed)
• Family Courts Act, 1984
• Protection of Women from Domestic Violence Act, 2005
• Hindu Adoptions and Maintenance Act, 1956
• Rajnesh v. Neha (Supreme Court, 2020)

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.