Maintenance under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Complete Legal Guide

Maintenance under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is mainly governed by Section 144, which provides legal protection to wives, children, and parents who are unable to maintain themselves and have been neglected by a person having sufficient means.

The law relating to maintenance is one of the most important social welfare provisions in Indian criminal procedure. The purpose of maintenance law is not merely financial support but also prevention of destitution, poverty, neglect, and social injustice. The maintenance provisions under BNSS have replaced the earlier Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.).

The provisions relating to maintenance under BNSS are secular in nature, which means they apply to all persons irrespective of religion, caste, or community. A Hindu wife, Muslim wife, Christian wife, Sikh wife, parents, and children can all seek maintenance under these provisions.

Introduction to Maintenance under BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973. Under BNSS, the provisions regarding maintenance are contained in Chapter X dealing with “Order for Maintenance of Wives, Children and Parents.”

The important sections are:

Section 144 – Order for maintenance of wives, children and parents
Section 145 – Procedure regarding maintenance proceedings
Section 146 – Alteration in allowance
Section 147 – Enforcement of order of maintenance

These provisions substantially continue the earlier scheme of Sections 125 to 128 Cr.P.C. with procedural continuity.

Object and Purpose of Maintenance Law

The primary purpose of maintenance law is:

To prevent starvation and destitution
To ensure social justice
To provide speedy remedy
To protect dependent family members
To compel persons with sufficient means to maintain their dependents

Maintenance proceedings are summary in nature. The court does not conduct a lengthy civil trial like a matrimonial suit. Instead, the Magistrate determines whether neglect or refusal to maintain exists.

The Supreme Court in various judgments has repeatedly held that maintenance laws are welfare-oriented provisions and should receive liberal interpretation.

Section 144 BNSS – Order for Maintenance of Wives, Children and Parents

Section 144 BNSS is the central provision governing maintenance.

Under this section, if a person having sufficient means neglects or refuses to maintain certain dependent persons, the Judicial Magistrate First Class may order monthly maintenance.

Who Can Claim Maintenance under BNSS?

1. Wife

A wife who is unable to maintain herself can claim maintenance from her husband.

The term “wife” includes:

Legally wedded wife
Divorced wife
Woman who has obtained divorce
Woman divorced by husband
Wife living separately for justified reasons

However, she must not have remarried.

Conditions for Wife to Claim Maintenance

The wife must prove:

Valid marriage
Husband has sufficient means
Husband neglected or refused maintenance
Wife unable to maintain herself

The court considers:

Income of husband
Lifestyle of parties
Needs of wife
Educational qualifications
Medical expenses
Childcare responsibilities
Standard of living

Interim Maintenance under BNSS

Section 144 BNSS also provides for interim maintenance.

This means the Magistrate may grant temporary maintenance during pendency of proceedings.

The court may also grant:

Litigation expenses
Proceedings expenses
Interim monthly support

Importantly, the law states that interim maintenance applications should, as far as possible, be decided within 60 days from service of notice.

This provision is extremely important because maintenance cases often take considerable time.

Maintenance to Children under BNSS

Section 144 also protects children.

The following children may claim maintenance:

Legitimate or Illegitimate Minor Child

Any minor child unable to maintain itself can claim maintenance.

This includes:

Son
Daughter
Adopted child
Illegitimate child

Married Daughter

A married minor daughter may also claim maintenance if her husband lacks sufficient means.

Major Child with Disability

A major child suffering from:

Physical disability
Mental abnormality
Injury
Incapacity

can claim maintenance if unable to maintain himself or herself.

Maintenance to Parents under BNSS

One of the most important aspects of BNSS maintenance law is protection of parents.

Both:

Father
Mother

can seek maintenance from children if unable to maintain themselves.

This provision recognizes the moral and legal duty of children toward aged parents.

Courts have repeatedly held that earning sons and daughters are legally bound to maintain elderly parents.

Who Has Jurisdiction to Hear Maintenance Cases?

Maintenance applications are filed before the Judicial Magistrate First Class.

The petition may be filed at:

Place where wife resides
Place where husband resides
Place where parties last resided together

This provision gives convenience to dependent persons, especially women and elderly parents.

Essential Ingredients for Grant of Maintenance

To succeed in a maintenance case under BNSS, the applicant must prove:

1. Relationship

The applicant must prove legal relationship.

Examples:

Marriage certificate
Wedding photographs
Witnesses
Aadhaar card
Birth certificate of child

2. Neglect or Refusal

There must be neglect or refusal to maintain.

This may be shown by:

Non-payment of expenses
Desertion
Abandonment
Domestic violence
Expulsion from matrimonial home

3. Sufficient Means of Respondent

The respondent must have sufficient means.

Even if the husband is not actually earning but capable of earning, the court may still award maintenance.

4. Inability to Maintain

The claimant must show inability to maintain herself or himself.

This does not mean complete destitution. Even if a wife earns small income insufficient for survival, she may still get maintenance.

Factors Considered While Fixing Maintenance

Courts consider numerous factors:

Salary of husband
Business income
Rental income
Investments
Bank accounts
Standard of living
Liabilities
Dependents
Educational expenses of children
Medical expenses
Inflation
Social status

The objective is to ensure that the dependent person lives with dignity.

When Wife is Not Entitled to Maintenance

Under Section 144(4) BNSS, a wife may lose maintenance rights in certain situations.

These include:

1. Living in Adultery

If wife is living in adultery, maintenance may be denied.

2. Refusal to Live with Husband without Sufficient Cause

If the wife refuses to live with husband without valid reason, maintenance can be refused.

However, cruelty, dowry harassment, domestic violence, second marriage, and abuse are considered sufficient reasons.

3. Living Separately by Mutual Consent

If parties are voluntarily living separately by agreement, maintenance may not be granted.

Date from Which Maintenance is Payable

Section 144(2) BNSS states that maintenance may be granted either:

From date of order
or
From date of application

depending on Magistrate’s direction.

In many cases, courts award maintenance from the date of filing because proceedings often take years.

Enforcement of Maintenance Order

If a person fails to obey maintenance order, the court can enforce it.

The Magistrate may:

Issue warrant
Recover amount like fine
Attach property
Sentence defaulter to imprisonment

The imprisonment may extend up to one month for each breach.

However, imprisonment does not wipe out maintenance liability. The amount still remains recoverable.

Alteration of Maintenance

Section 146 BNSS provides for alteration in maintenance amount.

Maintenance may be:

Increased
Reduced
Modified
Cancelled

due to change in circumstances.

Examples:

Increase in salary
Inflation
Illness
Loss of job
Remarriage
Change in dependency

Cancellation of Maintenance

Maintenance order may be cancelled in situations such as:

Wife remarries
Wife living in adultery
Mutual settlement
Change in circumstances
Civil court decree affecting rights

Difference between BNSS Maintenance and Personal Laws

Maintenance under BNSS is independent of personal laws.

A wife may also claim maintenance under:

Hindu Marriage Act, 1955
Protection of Women from Domestic Violence Act, 2005
Hindu Adoptions and Maintenance Act, 1956
Muslim personal law
Civil matrimonial proceedings

BNSS maintenance is a summary and speedy remedy.

Important Supreme Court Judgments on Maintenance

Mohd. Ahmed Khan v. Shah Bano Begum

This landmark judgment held that even divorced Muslim women can claim maintenance under criminal procedure law.

The case emphasized secular nature of maintenance provisions.

Rajnesh v. Neha

The Supreme Court laid down detailed guidelines regarding:

Disclosure of assets
Uniform standards
Multiple maintenance proceedings
Interim maintenance
Criteria for determining maintenance

This judgment is extremely important in modern maintenance litigation.

Maintenance and Domestic Violence Cases

Many women simultaneously file:

Domestic violence cases
Divorce cases
Maintenance petitions

Courts generally adjust maintenance amounts to avoid duplication.

Can Working Wife Claim Maintenance?

Yes.

A working wife may still get maintenance if:

Her income is insufficient
Husband earns substantially more
She cannot maintain same standard of living

The mere fact that wife is employed does not automatically bar maintenance.

Can Husband Claim Maintenance under BNSS?

No.

Section 144 BNSS specifically provides maintenance to:

Wife
Children
Parents

A husband cannot claim maintenance under this section.

However, under some matrimonial laws, economically weaker husbands may seek litigation expenses.

Can Divorced Wife Claim Maintenance?

Yes.

A divorced wife can claim maintenance if:

She has not remarried
She cannot maintain herself

The explanation to Section 144 specifically includes divorced women within the definition of wife.

Evidence Commonly Used in Maintenance Cases

The following evidence is generally filed:

Marriage photographs
Marriage certificate
Bank statements
Salary slips
Income tax returns
Social media evidence
Property documents
School fee receipts
Medical records

Courts also infer earning capacity from lifestyle and qualifications.

False Income Disclosure in Maintenance Cases

Many maintenance disputes involve concealment of income.

Courts may:

Direct asset affidavits
Summon bank records
Examine tax documents
Draw adverse inference

Suppression of true income may negatively affect the case.

Appeal and Revision against Maintenance Orders

A party aggrieved by maintenance order may:

File revision petition
Approach Sessions Court
Approach High Court

High Courts exercise revisional jurisdiction in appropriate cases.

Practical Problems in Maintenance Litigation

Despite legal protections, litigants face several difficulties:

Delay in proceedings
Non-compliance of orders
Income concealment
Repeated adjournments
Emotional stress
Financial burden
Multiplicity of litigation

Women, children, and elderly parents often suffer immensely during prolonged litigation.

Importance of Maintenance Law in India

Maintenance law plays a crucial role in Indian society because many dependent family members lack independent financial support.

The law ensures:

Human dignity
Economic justice
Family responsibility
Protection against abandonment

Without maintenance provisions, many women, children, and elderly parents would face severe hardship.

Key Features of Maintenance under BNSS

Some important features are:

Speedy remedy
Secular applicability
Interim maintenance provision
Protection of parents
Protection of children
Enforcement through imprisonment
Recognition of divorced wife
Flexibility in alteration of maintenance

Conclusion

Maintenance under the Bharatiya Nagarik Suraksha Sanhita, 2023 is a vital social justice mechanism intended to protect wives, children, and parents from neglect and financial hardship. Section 144 BNSS continues the spirit of the earlier Section 125 Cr.P.C. and provides a quick, summary, and effective remedy against abandonment and refusal to maintain dependents.

The law recognizes that family members having sufficient means cannot escape their moral and legal responsibility toward dependent spouses, children, and parents. Courts while deciding maintenance cases aim to balance dignity, fairness, financial capacity, and social justice.

With the introduction of BNSS, the maintenance framework continues to remain one of the strongest welfare-oriented legal remedies in India, ensuring that vulnerable family members are not left destitute merely because a person with sufficient means refuses to support them.

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.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304