Maintenance Rights: Who Can Claim and How
Maintenance for wives, children and parents under BNSS Section 144, the amount courts award, and how to enforce an unpaid order.
Who can claim maintenance
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 125 CrPC) provides a quick, secular remedy. It covers a wife unable to maintain herself, legitimate and illegitimate minor children, adult children with physical or mental disability, and parents unable to maintain themselves. Personal laws (such as the Hindu Adoptions and Maintenance Act, 1956) provide parallel civil remedies.
How to apply
The application is filed before the Magistrate of the area where the claimant resides. You state your income, expenses, and the respondent's means, with supporting documents. The Magistrate can also grant interim maintenance during the case so the claimant is not left without support while it is decided.
How much is awarded
There is no fixed formula. Courts consider the income and liabilities of both sides, the standard of living during the marriage, and the claimant's reasonable needs. The Supreme Court in Rajnesh v. Neha (2020) standardised the affidavits of assets and income that both parties must file.
Enforcing an unpaid order
If the respondent does not pay, the court can issue a warrant to recover the amount like a fine and can sentence the defaulter to imprisonment for each month of default. An application for enforcement must be made within one year of the amount falling due.
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Disclaimer: This guide is general information about Indian law, not legal advice. Statutes are amended and facts differ — consult a licensed advocate before acting on it.