Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaces the Code of Criminal Procedure (CrPC), 1973, and aims to bring justice closer to the people of India by ensuring speedier trials and citizen-friendly procedures. One of the welfare-centric provisions retained and strengthened under the BNSS is the mechanism for maintenance of wives, children, and parents.
Maintenance laws serve a crucial socio-legal purpose: protecting dependent family members who are unable to maintain themselves due to poverty, abandonment, or neglect. This legal remedy is not limited by religion, marital status (as long as valid), or age (for dependent parents and children).
Legal Basis Under BNSS: Section 144
The relevant provision for maintenance under BNSS, 2023, is Section 144, which corresponds to Section 125 of the CrPC, 1973.
This section lays down the procedural and substantive law for claiming maintenance before a Magistrate of the First Class.
Who Can Claim Maintenance?
Under Section 144(1) of BNSS, the following persons can claim maintenance if they are unable to maintain themselves:
- Wife – Legally wedded and living separately with reasonable cause.
- Children – Legitimate or illegitimate minor children, and major children who are physically or mentally abnormal.
- Parents – Father or mother who is dependent on their children.
Note: The wife must not be living in adultery, must not refuse to live with her husband without sufficient reason, and must not have remarried.
Against Whom Can It Be Claimed?
- The person who has sufficient means but neglects or refuses to maintain his wife, child, or parent can be ordered to pay maintenance.
Procedure for Filing Maintenance Under BNSS
1. Filing the Application
- The aggrieved person (or guardian, in case of minor) must file an application before a Judicial Magistrate of the First Class having jurisdiction where:
- The claimant resides, or
- The respondent resides or works.
2. Notice to Opposite Party
- The Magistrate issues notice/summons to the person from whom maintenance is sought.
- They are given the opportunity to reply and present evidence.
3. Summary Inquiry by Magistrate
- A summary proceeding is conducted.
- Both parties can submit:
- Oral testimony
- Documentary proof (income details, employment, family responsibilities, etc.)
4. Order of Maintenance
- After hearing both sides, if the Magistrate is satisfied that:
- The person has sufficient means, and
- The claimant is entitled to maintenance,
- Then an order is passed for monthly maintenance.
5. Interim Maintenance and Expenses
- Interim maintenance and litigation expenses may also be granted during the pendency of the case under Section 144(2).
- Time limits are set for filing reply (usually within 60 days).
6. Enforcement of Order
- If the person fails to pay maintenance, the Magistrate can:
- Order recovery as fine
- Issue a warrant for payment
- Sentence to imprisonment (up to 1 month for each default)
Key Features and Protections
Speedy Relief
- Designed to offer quick remedy, especially for women and senior citizens.
No Need for Criminal Trial
- This is a civil-like remedy within the criminal justice system, meant for welfare.
No Religious Bar
- Applicable to all religions, ensuring uniformity.
Flexible & Fair
- Takes into account:
- Financial capacity of the person
- Needs of the claimant
- Other responsibilities of the person
Limitations of the Right to Maintenance
A wife is not entitled to maintenance under Section 144 if:
- She is living in adultery
- She refuses to live with her husband without sufficient reason
- She has remarried
Amount of Maintenance
There is no fixed formula, but the amount is based on:
- Income and assets of the person
- Living standards
- Number of dependents
- Needs of the claimant
- Health and age conditions
The court ensures that the maintenance amount is just and reasonable.
Appeal and Revision
- If either party is dissatisfied with the Magistrate’s order, they can:
- Apply for revision before the Sessions Court or High Court
Summary Table of Section 144 – BNSS (Maintenance Provisions)
| Aspect | Provision Under BNSS (Sec. 144) |
|---|---|
| Who can claim | Wife, minor children (legitimate or not), dependent parents |
| Who pays | Husband/father/children with sufficient means |
| Procedure | Summary proceeding before First-Class Magistrate |
| Interim relief | Yes, interim maintenance and legal expenses allowed |
| Enforcement | Fine, warrant, or imprisonment for non-payment |
| Disqualifications | Adultery, refusal to cohabit, remarriage (in wife’s case) |
| Revision/Appeal | Yes, to Sessions Court or High Court |
Social Impact and Importance
- Protects women abandoned or neglected by their husbands
- Provides support to elderly parents without resources
- Ensures children’s survival, education, and upbringing
- Reduces homelessness, starvation, and financial abuse