S.144-147 BNSS (corresponding to S.125-128 CrPC) provides a summary remedy for maintenance to prevent vagrancy and destitution. It is a measure of social justice enabling dependents who are unable to maintain themselves to claim maintenance from persons having sufficient means. This is a criminal proceeding, not a civil suit for maintenance.
Legal Framework
| Provision | Subject |
|---|---|
| S.144 BNSS (formerly S.125 CrPC) | Order for maintenance of wives, children, and parents |
| S.145 BNSS (formerly S.126 CrPC) | Alteration in allowance |
| S.146 BNSS (formerly S.127 CrPC) | Enforcement of order of maintenance |
| S.147 BNSS (formerly S.128 CrPC) | Warrant for levy of amount due |
Why: The purpose is to prevent vagrancy and destitution of dependents. It is a quick, summary, and inexpensive remedy available to those who cannot afford civil litigation. The proceeding is criminal in form but civil in substance.
Who Can Claim (S.144)
| Claimant | Conditions |
|---|---|
| Wife | Unable to maintain herself; includes divorced wife who has not remarried |
| Legitimate or illegitimate minor child | Unable to maintain itself; whether married or not |
| Legitimate or illegitimate major child (not married daughter) | By reason of physical or mental abnormality unable to maintain |
| Father or mother | Unable to maintain himself/herself |
Against Whom:
A person having sufficient means who neglects or refuses to maintain:
- His wife (unable to maintain herself)
- His legitimate or illegitimate minor child
- His legitimate or illegitimate child (major) with physical/mental abnormality
- His father or mother (unable to maintain themselves)
Why: The obligation is rooted in the moral and legal duty to maintain dependents. S.144 converts this moral obligation into an enforceable legal command through the Magistrate's order.
Procedure
| Step | Detail |
|---|---|
| 1 | Application by dependent to Magistrate of First Class |
| 2 | Notice to respondent |
| 3 | Summary inquiry (evidence on affidavit permitted) |
| 4 | Magistrate determines: (a) sufficient means, (b) neglect/refusal, (c) inability of dependent |
| 5 | Order: monthly allowance as Magistrate considers just |
| 6 | Interim maintenance: court may order pendente lite (S.144(6)) |
| 7 | Maximum amount: no ceiling prescribed under BNSS (CrPC had Rs.500 limit initially) |
Timeline (New under BNSS):
S.144 BNSS requires the Magistrate to conclude the inquiry and pass an order within 60 days from the date of service of notice on the respondent (extendable to 90 days for recorded reasons).
Grounds for Denial
Wife is not entitled to maintenance if:
- She is living in adultery
- She refuses to live with husband without sufficient reason
- They are living separately by mutual consent
Why: Maintenance is for the protection of the destitute, not for those who voluntarily abandon the marital obligation or breach its fundamental conditions.
Alteration and Enforcement
Alteration (S.145):
| Ground | Effect |
|---|---|
| Change in circumstances | Increase or decrease maintenance |
| Proof of misrepresentation | Cancel order |
| Wife remarries | Maintenance ceases |
| Child attains majority | Maintenance ceases (unless disabled) |
Enforcement (S.146-147):
| Method | Provision |
|---|---|
| Warrant for levy | S.147: attachment and sale of movable property |
| Sentence of imprisonment | S.146: up to 1 month for each month's default |
| Execution as fine | Recovery as if amount were a fine |
Illustrations
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Quick remedy for the destitute: Kamla, a housewife with no income, is abandoned by her husband Vinod who earns Rs.50,000/month. She cannot afford a civil suit (court fees, lawyer, years of litigation). Under S.144 BNSS (formerly S.125 CrPC), she walks into the Magistrate's court, files a simple application, and within 60 days gets a maintenance order of Rs.15,000/month. No court fees, summary procedure, quick relief. This is why the provision is in the criminal code despite being civil in substance: it is designed for people who need speed and simplicity.
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Aged parent's claim: Raj, a software engineer earning Rs.1.5 lakh/month, refuses to support his aged mother who has no pension. His mother applies under S.144 BNSS. She only needs to show: (a) Raj has sufficient means (salary slips suffice), (b) he is neglecting/refusing to maintain her, and (c) she cannot maintain herself. She does not need to prove this "beyond reasonable doubt"; preponderance of probability is enough (Nanak Chand). The Magistrate can order Raj to pay Rs.20,000/month.
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Adultery bar vs. domestic violence: If Sunita leaves her husband's home and is living with another man, she cannot claim maintenance under S.144 because she is "living in adultery." But if Sunita left because her husband was beating her every night, that is "sufficient reason" and the adultery bar does not apply. The key distinction: did she abandon the marriage voluntarily (no claim) or was she driven out (claim survives)?
Recall Check
- What is the maximum time for concluding maintenance inquiry under BNSS?
- Under what three grounds can a wife be denied maintenance?
- Can an illegitimate child claim maintenance under S.144?
Key Cases
Nanak Chand v. Chandra Kishore (1969) Nanak-Chand-v-Chandra-Kishore-1969 Issue: Whether the maintenance proceeding is civil or criminal in nature. Rule: S.125 CrPC (now S.144 BNSS) is a measure of social justice and is in the nature of a civil proceeding though placed in criminal statute. Held: The order for maintenance is not a punishment but a measure to prevent vagrancy. The proceeding is quasi-civil in nature; strict rules of criminal procedure do not apply.
Savitaben Somabhai Bhatia v. State of Gujarat (2005) Savitaben-Somabhai-Bhatia-v-State-of-Gujarat-2005 Issue: Whether a divorced Muslim woman can claim maintenance under S.125 CrPC (now S.144 BNSS). Rule: S.125 CrPC applies to all women irrespective of religion; "wife" includes divorced wife who has not remarried. Held: A divorced Muslim woman is entitled to maintenance under S.125 until she remarries. This secular remedy is in addition to personal law remedies.
Rajnesh v. Neha (2021) Rajnesh-v-Neha-2021 Issue: What guidelines should govern maintenance proceedings to ensure uniformity? Rule: Comprehensive guidelines laid down for maintenance orders across all statutes. Held: Guidelines include: overlapping claims under different statutes must be adjusted; income affidavit mandatory; interim maintenance within specified time; children's needs assessed separately.
Distinctions
| Parameter | Maintenance under S.144 BNSS | Maintenance under Personal Law |
|---|---|---|
| Nature | Criminal proceeding (summary) | Civil suit |
| Court | Magistrate First Class | Family Court / Civil Court |
| Ceiling | No statutory maximum | As per entitlement (usually percentage of income) |
| Speed | 60-90 days mandated | Can take years |
| Appeal | Sessions Court | High Court |
| Scope | Only wife, children, parents | Varies by personal law |
| Enforcement | Imprisonment for default | Civil execution |
Flashcards
Q: Under S.144 BNSS, who can claim maintenance? A: Wife (including divorced wife who has not remarried), legitimate/illegitimate minor children, major children with disability, and parents unable to maintain themselves.
Q: What is the timeline for concluding maintenance inquiry under BNSS? A: 60 days from service of notice (extendable to 90 days with recorded reasons).
Q: What is the consequence of default in paying maintenance? A: S.146: imprisonment up to 1 month for each month's default.
Q: Under what grounds can maintenance to wife be denied? A: Living in adultery, refusing to live with husband without sufficient reason, or living separately by mutual consent.
Q: Can a divorced Muslim woman claim maintenance under S.144? A: Yes, per Savitaben Somabhai Bhatia v. State of Gujarat (2005); S.144 is a secular provision applicable to all.
Q: What is the nature of proceedings under S.144? A: Quasi-civil in nature though placed in criminal statute; purpose is prevention of vagrancy, not punishment.
Exam Scenario
W, a divorced Hindu woman, applies for maintenance under S.144 BNSS against her former husband H, claiming she is unable to maintain herself. H contends that W has a government job earning Rs.25,000 per month and is not destitute. Advise.
Under S.144, maintenance is available to a wife (including divorced wife who has not remarried) who is "unable to maintain herself." The test is relative: whether the wife's income is insufficient for a standard of living roughly equivalent to what she enjoyed during marriage. If W earns Rs.25,000 but her former marital standard required more, she may still be entitled to differential maintenance. However, if Rs.25,000 provides a reasonable standard and she is self-sufficient, the claim may fail. Per Rajnesh v. Neha (2021), both parties must file income affidavits. The Magistrate must assess: (1) W's actual income and expenses, (2) H's income and capacity, (3) the standard of living during marriage. If W is genuinely unable to maintain herself at the standard she was accustomed to, maintenance should be awarded as the difference. If W is self-sufficient by any reasonable standard, the claim may be dismissed.