Section 125 CrPC in BNSS: Section 144 Maintenance Explained

Section 125 of the CrPC (maintenance of wives, children and parents) is now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), from 1 July 2024. A person with sufficient means who neglects or refuses to maintain his wife, child or parent can be ordered by a Judicial Magistrate of the first class to pay a monthly allowance. The scheme, including interim maintenance and the 60-day disposal target, is carried forward almost word for word.

What Section 144 BNSS provides

The provision has a simple test: the person against whom maintenance is claimed must have “sufficient means”, and must have neglected or refused to maintain the claimant. The claimant, on the other hand, must be unable to maintain himself or herself.

Four classes of persons can claim. First, a wife who cannot maintain herself. The Explanation extends “wife” to a woman who has been divorced by, or has obtained a divorce from, her husband, so long as she has not remarried. Second, a legitimate or illegitimate child, married or not, who cannot maintain itself (see the note below on the word “minor”). Third, an adult child (other than a married daughter) who, because of physical or mental abnormality or injury, cannot maintain itself. Fourth, a father or mother who cannot maintain himself or herself.

Under the first proviso, a father can be directed to maintain a married daughter until she attains majority if her husband lacks sufficient means.

Interim maintenance and the 60-day rule

The second proviso allows the Magistrate, while the main case is pending, to order monthly interim maintenance and reasonable expenses of the proceeding. The third proviso says the interim application should, “as far as possible”, be disposed of within sixty days from service of notice on the respondent. Both provisos are carried over unchanged from the CrPC.

When the wife is not entitled

Sub-section (4) disentitles a wife who is living in adultery, who refuses without sufficient reason to live with her husband, or where the couple live separately by mutual consent. On proof of any of these, sub-section (5) requires the Magistrate to cancel the order.

What changed from Section 125 CrPC

For practical purposes, the law of maintenance is the same. The order runs from the date of the order or, if so directed, the date of application. Enforcement is by a warrant to levy the amount like a fine, with imprisonment up to one month for each unpaid month; arrears must be claimed within one year.

The procedure sections are renumbered: Section 126 CrPC (where to file and procedure) is now Section 145; Section 127 (alteration of allowance) is now Section 146; Section 128 (enforcement) is now Section 147.

One textual point is debated. Some legal commentators read the new clause (b) as dropping the word “minor” before “child”, which could open the door to claims by adult children. No court has settled this so far, and different published versions of the text differ, so do not rely on it without checking the official Gazette text.

Important case law

Mohd. Ahmed Khan v. Shah Bano Begum (1985)

A Constitution Bench held that the provision operates independently of personal law and covers a divorced Muslim wife unable to maintain herself.

Chaturbhuj v. Sita Bai (2008)

The Supreme Court held that “unable to maintain herself” does not mean the wife must be destitute. The test is whether she can maintain herself at the standard of living she had in the matrimonial home, and her efforts to survive after desertion do not count against her.

Rajnesh v. Neha (2020)

The Court laid down guidelines for all maintenance cases: both parties must file an affidavit disclosing assets and liabilities, maintenance is to be awarded from the date of the application, and overlapping claims under different laws must be adjusted.

Mohd. Abdul Samad v. State of Telangana (2024)

Decided on 10 July 2024, this case held that the Muslim Women (Protection of Rights on Divorce) Act, 1986 does not displace the general remedy. A divorced Muslim woman can seek maintenance under the general law, the 1986 Act, or both.

Common confusions

• Section 144 BNSS vs old Section 144 CrPC: Old Section 144 CrPC was prohibitory orders (public nuisance). That is now Section 163 BNSS. New Section 144 BNSS is maintenance.
• Other laws: Claims can also be made under the Hindu Adoptions and Maintenance Act, 1956 and the Domestic Violence Act, 2005; courts adjust amounts to avoid double recovery.

Practical guide for the public

Under Section 145 BNSS, the petition can be filed in any district where the respondent is, where he or the wife resides, or where he last resided with the wife (or with the mother of an illegitimate child). In cities with a Family Court, the case goes there.

Documents to keep ready: proof of marriage or relationship (certificate, photographs, birth certificates of children), proof of the respondent’s income (salary slips, property papers, business details), proof of your own expenses (school fees, rent, medical bills), and the affidavit of assets and liabilities required by Rajnesh v. Neha. File the interim application with the main petition.

Exam angle

• Section 125 CrPC = Section 144 BNSS; Sections 126, 127, 128 CrPC = Sections 145, 146, 147 BNSS.
• Old Section 144 CrPC (prohibitory orders) is now Section 163 BNSS. Do not mix them up.
• Interim maintenance: decide within 60 days “as far as possible” from service of notice.
• Arrears: application within one year; imprisonment up to one month per default.

Frequently asked questions

What is the new section for maintenance under BNSS?

Section 144 of the BNSS, 2023 replaces Section 125 CrPC for maintenance of wives, children and parents.

How quickly can interim maintenance be granted?

The law says the interim application should, as far as possible, be decided within 60 days from the date notice is served on the respondent.

Can a divorced wife claim maintenance under Section 144 BNSS?

Yes. A divorced woman who has not remarried and cannot maintain herself is treated as a “wife” for this purpose.

Can parents claim maintenance from their children?

Yes. A father or mother unable to maintain themselves can claim against a son or daughter who has sufficient means.

Quick quiz

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023: Sections 144 to 147
• Code of Criminal Procedure, 1973: Sections 125 to 128
• Rajnesh v. Neha, Supreme Court, 2020
• Mohd. Abdul Samad v. State of Telangana, Supreme Court, 10 July 2024
• Mohd. Ahmed Khan v. Shah Bano Begum, Supreme Court, 1985

This page is for education and general information, not legal advice for a specific case.