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Maintenance & Alimony Guide

Section 144 BNSS — the maintenance provision that replaced Section 125 CrPC for cases filed on or after 1 July 2024. A secular, summary remedy to prevent destitution, applicable regardless of religion.

Who can claim maintenance

Wife

A wife unable to maintain herself — including a divorced wife who has not remarried.

Minor children

Legitimate or illegitimate minor children unable to maintain themselves.

Adult children with disability

Major children who cannot maintain themselves due to physical or mental abnormality or injury.

Parents

A father or mother unable to maintain themselves, from a child with sufficient means.

Not: married daughters & husbands

A married daughter is excluded. A husband cannot claim under s.144 BNSS — he must use Section 24/25 of the Hindu Marriage Act (gender-neutral civil remedy).

The procedure

  1. File an application before the Judicial Magistrate of the First Class where the respondent resides or last resided (or where you reside).
  2. The Magistrate issues notice to the respondent, who must appear and reply.
  3. Both sides file income affidavits and evidence of dependency, means and neglect/refusal.
  4. You may request interim maintenance for immediate support during the case.
  5. The Magistrate fixes a reasonable monthly allowance, payable from the date of order or the date of application.
60-day timeline (new under BNSS): an application for interim maintenance should, as far as possible, be disposed of within 60 days from the date of service of notice (s.144(2)) — a procedural improvement the old CrPC lacked.

What the court considers & enforcement

QuantumNo statutory cap. Based on the respondent's income/assets, the claimant's needs, and the standard of living during the marriage.
EnforcementOn default without sufficient cause: warrant for recovery, or imprisonment up to 1 month for each month's default.
ModificationThe order can be varied or cancelled on a material change of circumstances (s.144(4)); a wife's right ends on remarriage.
BarsNo allowance if the wife is living in adultery, refuses to live with the husband without sufficient reason, or they live separately by mutual consent.

Key Supreme Court guidance

  • Rajnesh v. Neha (2021) — mandatory disclosure of income by affidavit from both parties, to standardise maintenance determination.
  • Mohd. Abdul Samad v. State of Telangana (2024) — a divorced Muslim woman may claim maintenance under this secular provision (s.125 CrPC / s.144 BNSS), independent of personal law.
Informational guide, not legal advice. Maintenance outcomes are highly fact-specific and interact with personal laws (HMA, HAMA, Special Marriage Act) and the Domestic Violence Act. Consult an advocate for your situation. Source: BNSS 2023 s.144; Supreme Court judgments as cited.