Maintenance Under Section 144 of BNSS 2023
The transition from the CrPC to the Bharatiya Nagarik Suraksha Sanhita (BNSS) has been one of the most significant legal reforms in recent Indian history. While the core objective of maintenance remains the protection of vulnerable family members, understanding the specific provisions of Section 144 BNSS is essential for any legal practitioner or citizen.
What is Section 144 of the BNSS?
Section 144 of the BNSS is a secular provision, meaning it applies to all Indian citizens regardless of their religion. It empowers a Magistrate of the first class to order a person with sufficient means to provide a monthly allowance for the maintenance of their wife, children, or parents who are unable to maintain themselves.
Who Can Claim Maintenance?
Under the BNSS, the circle of eligible claimants remains largely consistent with the previous law, but with clearer definitions:
The Wife: A wife who is unable to maintain herself. This includes a divorced wife who has not remarried.
Minor Children: Both legitimate and illegitimate children, whether married or not, who cannot support themselves.
Major Children (with disabilities): An adult child (except a married daughter) who is unable to maintain themselves due to physical or mental abnormality or injury.
Parents: A father or mother who is unable to maintain themselves.
Key Change: The BNSS emphasises that even a married minor daughter is entitled to maintenance from her father if her husband does not have sufficient means to support her.
Essential Conditions for Granting Maintenance
A court does not grant maintenance automatically. To succeed in a claim under Section 144 BNSS, the applicant must prove four vital elements:
Relationship: A valid legal relationship (marriage or parent-child) must be established.
Sufficient Means: The person being sued must have the financial capacity or the ability to earn.
Neglect or Refusal: It must be proven that the respondent has neglected or refused to provide support.
Inability to Self-Maintain: The claimant must show they do not have sufficient income to meet their basic needs.
The Procedure and Jurisdiction (Section 145 BNSS)
The BNSS has streamlined the procedure to ensure speedier justice. Section 145 defines where a case can be filed:
In the district where the person liable to pay resides.
Where the claimant (wife/child/parent) resides.
Where the couple last resided together.
Interim Maintenance
The law recognises that legal battles take time. Therefore, the Magistrate has the power to grant Interim Maintenance during the pendency of the case. This ensures that the wife or children do not starve while the final decision is being made. Under BNSS, the court is encouraged to dispose of applications for interim maintenance within 60 days from the date of notice.
When Can Maintenance Be Denied?
The law also protects the respondent from unfair claims. A wife is not entitled to maintenance under Section 144 if:
She is living in adultery.
She refuses to live with her husband without any sufficient reason.
The couple is living separately by mutual consent.
However, if a husband has remarried or keeps a mistress, it is considered a "sufficient reason" for the wife to live separately and still claim maintenance.
Enforcement of the Order (Section 147 BNSS)
If a person fails to comply with the maintenance order without a "sufficient cause," the Magistrate can issue a warrant for levying the amount due. For every month of default, the court can sentence the person to imprisonment for up to one month or until payment is made.
Conclusion
The Bharatiya Nagarik Suraksha Sanhita (BNSS) carries forward the "social justice" legacy of the CrPC but adds more structure to the timelines and procedural efficiency. For those seeking help or those obligated to provide it, Section 144 serves as a shield against destitution, ensuring that the dignity of every individual is protected by the state.
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