Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the maintenance of wife, children, and parents. This section is a significant legal provision aimed at ensuring that family members who are unable to support themselves financially are provided with adequate maintenance. The intent of this provision is to prevent destitution among dependents, including wives, children, and aged parents, who may be abandoned or neglected by the person responsible for their care. Section 144 carries forward the principles of Section 125 of the Criminal Procedure Code (CrPC), 1973, with updated procedural efficiency and streamlined relief mechanisms.
Key Provisions of Section 144 BNSS, 2023
Section 144 ensures that dependents can claim maintenance from a person who has sufficient means but refuses or neglects to provide financial support. Here is a detailed explanation of the provisions under this section:
1. Who Can Claim Maintenance?
Under Section 144, the following individuals are entitled to claim maintenance:
- Wife:
- A wife can claim maintenance from her husband if she is unable to maintain herself. The term “wife” includes legally wedded wives, separated wives, and divorced wives (as long as they have not remarried).
- The provision applies irrespective of the religion or personal law under which the marriage was solemnized.
- A divorced wife can claim maintenance if she is financially dependent and does not have sufficient means to support herself after divorce. However, the claim ceases upon her remarriage.
- Children:
- Legitimate and illegitimate minor children are entitled to maintenance.
- Unmarried daughters can claim maintenance until they are married or are capable of supporting themselves financially.
- Adult children suffering from physical or mental disabilities, who are unable to maintain themselves, can also claim maintenance.
- Maintenance for children includes expenses for education, basic needs, medical treatment, and any other reasonable costs required to support them.
- Parents:
- Parents (both father and mother), biological or adoptive, can claim maintenance from their children if they are unable to support themselves.
- This provision also applies to elderly parents who are dependent on their children for financial support, regardless of the gender of the children.
2. Conditions for Granting Maintenance
For maintenance to be granted under Section 144, the following conditions must be satisfied:
- Inability to Maintain: The person claiming maintenance (whether wife, children, or parents) must prove that they are unable to maintain themselves due to lack of income or resources.
- Neglect or Refusal: The court must be satisfied that the person responsible for paying maintenance has willfully neglected or refused to provide financial support despite having sufficient means to do so.
- Sufficient Means: The court will assess whether the person from whom maintenance is claimed has sufficient means to provide financial support. The term “sufficient means” includes income from employment, business, property, or any other financial assets.
3. Quantum of Maintenance
The amount of maintenance that is to be awarded is decided by the court based on various factors:
- Financial Capacity: The earning capacity and financial resources of the person liable to pay maintenance are taken into consideration. If the person has multiple dependents, the court may adjust the maintenance amount accordingly.
- Reasonable Needs of the Claimant: The reasonable needs of the person seeking maintenance are considered, which include basic necessities such as food, clothing, housing, education, and medical expenses.
- Standard of Living: The court ensures that the wife and children are provided maintenance in a manner that allows them to live in accordance with the standard of living that they were accustomed to before the separation or neglect.
- Obligations of the Respondent: The court also considers the financial obligations of the respondent, including other dependents who may rely on them for support.
The court ensures that the amount awarded is sufficient for the basic needs of the claimants, but it also takes care not to impose an unreasonable financial burden on the person responsible for paying maintenance.
4. Interim Maintenance
Section 144 also makes provisions for interim maintenance. Interim maintenance is a temporary relief granted by the court while the application for final maintenance is pending. This is crucial in cases where the claimant has an urgent need for financial support and cannot wait for the conclusion of the legal proceedings. The court will consider the immediate financial situation of the dependents and grant interim relief accordingly.
5. Procedure to Claim Maintenance
To claim maintenance under Section 144, the following steps are typically involved:
- Filing the Application: The claimant (whether the wife, children, or parents) must file an application before the Judicial Magistrate of First Class or the Metropolitan Magistrate. The application should state the reasons for seeking maintenance, the relationship with the person from whom maintenance is sought, and proof of neglect or refusal to provide financial support.
- Notice to the Respondent: Once the application is filed, the court will issue a notice to the respondent (the person liable to pay maintenance), requiring them to appear in court and respond to the claim.
- Submission of Evidence: Both the claimant and the respondent will have the opportunity to present evidence. The claimant will need to show their financial dependence and the neglect or refusal of the respondent to provide support. The respondent can submit evidence of their financial capacity or any existing obligations that may affect the amount of maintenance.
- Court Hearing: After considering the evidence and arguments from both parties, the court will pass an order regarding the maintenance amount and other conditions.
- Maintenance Order: The court will issue an order specifying the amount of maintenance to be paid and the frequency of the payment (monthly or otherwise). The court may also specify the method of payment (bank transfer, direct deposit, etc.).
6. Enforcement of Maintenance Orders
If the respondent fails to comply with the maintenance order, the claimant can approach the court for enforcement. The court may take several measures to ensure compliance, including:
- Attachment of Property: The court can order the attachment of the respondent’s property or income sources to recover the unpaid maintenance amount.
- Imprisonment: In cases of willful non-compliance, the court may order the imprisonment of the respondent for up to one month or until the maintenance dues are paid.
7. Modification or Cancellation of Maintenance Orders
Maintenance orders can be modified or canceled under certain circumstances:
- Change in Financial Situation: If there is a significant change in the financial situation of either the claimant or the respondent, the court may revise the maintenance order. For example, if the respondent’s income decreases or the claimant’s financial status improves, the maintenance amount may be adjusted.
- Remarriage of the Wife: If the wife remarries, her entitlement to maintenance from her former husband ceases.
- Misconduct by the Wife: If the wife is found to be living in adultery or refuses to live with her husband without a reasonable cause, she may not be entitled to maintenance.
8. Key Legal Provisions
- Wife: A wife, including a legally divorced wife, is entitled to maintenance unless she remarries or is found to be living in adultery.
- Children: Both legitimate and illegitimate children can claim maintenance up to the age of majority (18 years) or beyond if they suffer from any physical or mental disability.
- Parents: Elderly or financially dependent parents can claim maintenance from their children under Section 144.
FAQs
1. Can a divorced wife claim maintenance under Section 144? Yes, a divorced wife can claim maintenance if she has not remarried and is unable to support herself financially.
2. Can major children claim maintenance? Major children can claim maintenance if they suffer from physical or mental infirmity that makes them unable to support themselves.
3. What happens if the person ordered to pay maintenance refuses? If the person ordered to pay maintenance refuses to comply, the court can enforce the order through attachment of property or even imprisonment for up to one month.
4. Can parents claim maintenance under Section 144? Yes, elderly or financially dependent parents can claim maintenance from their children.
5. How is the amount of maintenance decided? The court considers various factors like the financial capacity of the respondent, the needs of the claimant, and the standard of living to decide the quantum of maintenance.
Conclusion
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 serves as an essential provision to safeguard the financial rights of dependent family members, including wives, children, and parents. It ensures that those who are financially dependent are not left destitute and are provided with adequate maintenance. With provisions for interim maintenance and strong enforcement measures, Section 144 seeks to offer swift and effective relief to claimants, continuing the framework established under the CrPC with modern improvements.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304