CHAPTER X Section 144 maintenance of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
Section 144. (1) If any person having sufficient means neglects or refuses to maintain—
(a) his wife, unable to maintain herself; or
(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or
(d) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.
Explanation.—For the purposes of this Chapter, “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.
(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
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FAQs for Section 144 maintenance of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
1. Who can claim maintenance under Section 144 of BNSS?
A wife (divorced or not), children (legitimate or illegitimate), adult disabled children, and parents unable to maintain themselves can claim maintenance.
2. What are the conditions for claiming maintenance under Section 144 BNSS?
The person must have sufficient means but refuse to maintain the claimant, who must be unable to support themselves.
3. Who is responsible for providing maintenance under Section 144 BNSS?
The person responsible includes husbands for wives, parents for children, and children for their parents, depending on their inability to maintain themselves.
4. What is the procedure to apply for maintenance under Section 144 BNSS?
An application must be filed with the Magistrate, with proof of neglect or refusal to maintain.
5. What happens if the person ordered to pay maintenance does not comply?
The court may issue a warrant, recover the amount, and imprison the defaulter for up to one month.
6. Is interim maintenance provided under Section 144 BNSS?
Yes, the Magistrate can order interim maintenance during proceedings, and the application should be resolved within 60 days.
7. Can a maintenance order be modified or canceled?
Yes, if circumstances like adultery, remarriage, or mutual consent are proven, the Magistrate can cancel or modify the order.
8. How long does a maintenance order remain in effect?
Until the child becomes self-sufficient, the wife remarries, or circumstances change, such as the parents’ ability to support themselves.
9. What is the scope of maintenance for parents under Section 144 BNSS?
Both sons and daughters are equally responsible for maintaining their parents if the parents cannot maintain themselves.
10. Does Section 144 BNSS include maintenance for an adopted child?
Yes, adopted children are entitled to maintenance under this section.
11. How does Section 144 BNSS differ from Section 125 CrPC?
Section 144 BNSS replaces Section 125 CrPC with broader provisions and updated procedures for maintenance.
12. Is Section 144 BNSS applicable to live-in relationships?
No, it applies only to legally married spouses, not to live-in relationships.
13.Which section replaces 125 CrPC maintenance in BNSS?
Section 144 of BNSS replaces Section 125 of the Code of Criminal Procedure (CrPC), 1973, which dealt with the maintenance of wives, children, and parents.
14. What is the full form of BNSS?
The full form of BNSS is Bharatiya Nagarik Suraksha Sanhita.
15. What is the new law of BNSS?
The new law of BNSS, 2023, codifies criminal procedures in India, replacing the Code of Criminal Procedure (CrPC), 1973, with updated provisions, including those for maintenance under Section 144.
16. What is the new maintenance section?
The new maintenance section is Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaces Section 125 of the CrPC.
17.What is Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)?
Section 144 of the BNSS 2023 provides for the maintenance of wives, children, and parents. It allows a Magistrate to order a person with sufficient means, who neglects or refuses to maintain them, to pay a monthly allowance for their upkeep.