Maintenance (Section 144 BNSS)
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.
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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
| Current provision | Replaced |
|---|---|
| Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023Order for maintenance of wives, children and parents | Section 125, Code of Criminal Procedure, 1973 |
| Sections 145 to 147, Bharatiya Nagarik Suraksha Sanhita, 2023Procedure, alteration of allowance, enforcement | Sections 126 to 128, Code of Criminal Procedure, 1973 |
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?
A family lawyer can tell you which law gives you the best route.
Received a family court notice?
Speak to a family lawyer before the first date.
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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.