Maintenance (Section 144 BNSS): Meaning and Law in India | LegalFirms.in
Family law

Maintenance (Section 144 BNSS)

Also called: Section 125 CrPC, Section 144 BNSS, Monthly allowance

Added Last checked against India Code

A monthly allowance a Magistrate can order a person with sufficient means to pay a wife, child or parent who cannot maintain themselves. Section 144 BNSS (old Section 125 CrPC).

Who can claim
Wife, children, parents
Court
Magistrate
During the case
Interim maintenance possible
Upper limit
None

What brings you here?

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I want to file or claim

Collect proof of income and expenses on both sides, such as salary slips, bank statements, school fees and rent. Courts decide amounts on these.

My spouse has filed a case

Do not ignore the summons. You will usually have to file an affidavit of your income and assets, so start gathering them now.

I am a law student or judiciary aspirant

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What it means

Maintenance under Section 144 BNSS is a quick remedy against a person who has enough means but neglects or refuses to support a wife, a child or a parent who cannot support themselves. The Magistrate can order a monthly allowance.

"Wife" includes a woman who has been divorced and has not remarried. The remedy does not depend on religion. The Supreme Court confirmed in Mohd. Abdul Samad v. State of Telangana (2024) that a divorced Muslim woman can also claim under this provision.

The Magistrate can order interim maintenance while the case is pending. There is no upper limit on the amount; it depends on the needs of the claimant and the means of the person paying.

The law

When it matters

  • A husband has stopped supporting his wife or children after separation.
  • Elderly parents are not being supported by a son or daughter with income.
  • A divorce case is pending and the wife needs support during the proceedings.

Example

A woman living with her parents after leaving the matrimonial home files for maintenance for herself and her six-year-old son. While the case is heard, the Magistrate orders interim maintenance. The final order fixes a monthly amount based on the husband's salary slips and her expenses.

Watch out for

  • Both sides must file affidavits of their income and assets. The Supreme Court made this a standard step in Rajnesh v. Neha (2020).
  • A wife may be refused maintenance if she is living in adultery, refuses to live with her husband without sufficient reason, or they live separately by mutual consent.
  • Maintenance can also be claimed under other laws, such as the Hindu Adoptions and Maintenance Act and the Domestic Violence Act. Courts adjust one award against another so the same need is not paid twice.

Planning to file?

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Last checked against the official text on India Code on 6 Nov 2026. This is general information on Indian law, not legal advice for your situation. Laws and court rulings change; a lawyer can tell you how they apply to your facts.