Understanding Section 144 BNSS, 2023: Maintenance of Wife, Children and Parents By Advocate Avichal Pandey, Allahabad High Court

Understanding Section 144 BNSS, 2023: Maintenance of Wife, Children and Parents 

By Advocate Avichal Pandey, Allahabad High Court

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC), bringing several procedural reforms while retaining the core objective of providing speedy justice. One of the most significant welfare provisions under the new law is Section 144 BNSS, which corresponds to the erstwhile Section 125 CrPC. This provision is a social justice measure intended to protect dependents from neglect and destitution by ensuring financial support from those who are legally bound to maintain them.

Contrary to popular belief, maintenance proceedings under Section 144 BNSS are not intended to punish a person but to prevent vulnerable family members from being left without means of survival. The law seeks to uphold the constitutional values of dignity, equality, and social welfare.

What is Section 144 BNSS?

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a Judicial Magistrate to direct a person having sufficient means to provide monthly maintenance to his dependents if he neglects or refuses to maintain them.

The provision is secular in nature and applies irrespective of religion, caste, or personal law. It serves as a summary remedy, allowing deserving claimants to obtain financial support without undergoing prolonged civil litigation.

Who Can Claim Maintenance Under Section 144 BNSS?

1. Wife (Including a Divorced Wife)

A legally wedded wife who is unable to maintain herself can seek maintenance from her husband.

The law also extends protection to a divorced wife, provided she has not remarried and lacks sufficient means for her livelihood.

However, courts may deny maintenance if it is established that:-

●The wife is living in adultery.

●She refuses to live with her husband without sufficient reason.

●The parties are living separately by mutual consent.

Each case is decided based on its own facts, and the court examines whether the wife has genuine financial need and whether the husband has sufficient means to provide maintenance.

2. Minor Children

Section 144 BNSS protects all minor children, irrespective of whether they are:-

●Legitimate or illegitimate,

●Married or unmarried,

provided they are unable to maintain themselves.

The welfare of children remains the paramount consideration. A father's legal obligation to maintain his minor children continues regardless of matrimonial disputes between the parents.

3. Adult Children Suffering from Disability

An adult son or daughter who is unable to maintain themselves due to physical or mental disability is also entitled to maintenance.

The disability must be such that it prevents the individual from earning a livelihood independently.

The provision recognizes that parental responsibility may continue even after a child attains majority when exceptional circumstances exist.

4. Parents

Section 144 BNSS also grants maintenance rights to parents who are unable to maintain themselves.

Both father and mother can approach the Magistrate if their children neglect or refuse to provide financial support despite having sufficient means.

This provision reflects India's long-standing legal and moral obligation of children towards their aged parents and seeks to protect senior citizens from financial hardship.

Essential Ingredients for Grant of Maintenance

Before awarding maintenance, the Magistrate generally considers the following factors:-

●Existence of a legal relationship.

●Neglect or refusal to maintain.

●Financial inability of the claimant.

●Sufficient earning capacity or means of the respondent.

●Standard of living enjoyed by the parties.

●Genuine needs of the claimant.

The objective is not to enrich one party but to ensure a dignified standard of living.

Interim Maintenance Under Section 144 BNSS

One of the most practical features of the provision is the availability of interim maintenance.

Maintenance proceedings often take several months. During this period, the dependent may have no source of income. Therefore, the court has the authority to award interim maintenance and litigation expenses even before the final decision.

The BNSS also encourages expeditious disposal of such applications, aiming to reduce unnecessary delays and ensure timely financial assistance.

Role of the Judicial Magistrate

Only a competent Judicial Magistrate can pass an order under Section 144 BNSS after considering the evidence presented by both parties.

The Magistrate assesses:-

●Income of the respondent,

●Financial condition of the claimant,

●Necessary expenses,

●Standard of living,

●Conduct of the parties where legally relevant.

Maintenance is not fixed according to any rigid formula. It depends upon the facts and circumstances of each case.

Enforcement of Maintenance Orders

A maintenance order becomes meaningless if it is not enforced effectively.

Where a person deliberately fails to comply with the maintenance order without sufficient cause, the Magistrate has the authority to adopt coercive measures for enforcement in accordance with law.

Such measures may include:-

●Issuance of warrant for recovery,

●Recovery as arrears,

Imprisonment in appropriate cases of wilful default, subject to the statutory safeguards.

The purpose of enforcement is to ensure compliance rather than punishment.

Section 144 BNSS is a Secular Remedy

One of the strongest features of Section 144 BNSS is that it applies to every citizen irrespective of religion.

Whether the parties belong to Hindu, Muslim, Christian, Sikh, Jain, Buddhist, or any other community, the remedy under Section 144 remains available.

This distinguishes maintenance proceedings under BNSS from remedies available under personal laws, making it a universal social welfare legislation.

Judicial Approach Towards Maintenance

Indian courts have consistently held that maintenance is not charity or generosity.

It is a legal right flowing from the duty of a person with sufficient means to support those who are legally dependent upon him or her.

The Supreme Court and various High Courts have repeatedly emphasized that maintenance provisions must receive a liberal interpretation to prevent destitution and uphold the dignity of women, children, and aged parents.

Practical Considerations While Filing a Maintenance Petition

A person seeking maintenance should generally be prepared with:-

●Proof of marriage (where applicable),

●Identity documents,

●Evidence of neglect or refusal,

●Income details of the respondent, if available,

●Details of monthly expenses,

●Medical records in disability cases,

●Documents showing financial dependence.

Proper documentation strengthens the claim and assists the court in determining an appropriate amount.

Conclusion

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is a vital social welfare provision designed to ensure that no wife, child, or parent is left destitute because of neglect by a person legally bound to maintain them. By providing a speedy and accessible remedy, the law reinforces the principles of dignity, equality, and social justice embedded in the Indian legal system.

While the provision largely continues the framework of the former Section 125 CrPC, it reflects the legislative intent to streamline procedure and facilitate quicker relief through interim maintenance and effective enforcement mechanisms. Every maintenance case, however, is decided on its own facts, and courts strive to balance the genuine needs of the claimant with the financial capacity of the respondent.

Individuals facing maintenance disputes should seek timely legal advice to understand their rights, obligations, and the appropriate legal remedies available under the BNSS.

About the Author

Avichal Pandey

Advocate

Allahabad High Court

Advocate Avichal Pandey regularly practices before the Allahabad High Court and subordinate courts, handling matters relating to family law, criminal law, constitutional litigation, civil disputes, service matters, and legal advisory. Through his legal writings, he aims to simplify complex legal provisions and make the law more accessible to litigants, students, and the general public.

Disclaimer: This article is intended solely for educational and informational purposes. It does not constitute legal advice. Readers should consult a qualified legal practitioner for advice concerning the facts and circumstances of their specific case.