Introduction
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a Judicial Magistrate to order a person with sufficient means to provide maintenance to his wife, children, or parents when they are unable to maintain themselves and have been neglected or refused maintenance. The provision is a measure of social justice intended to prevent destitution and ensure financial support for vulnerable family members.
Section 144 substantially corresponds to Section 125 of the Code of Criminal Procedure, 1973, while continuing the summary and welfare-oriented nature of maintenance proceedings.
Meaning of Maintenance
Maintenance refers to the financial support necessary for the basic livelihood of a dependent person. It includes expenses relating to food, clothing, residence, education, medical needs, and other essential requirements required for a dignified life.
The remedy under Section 144 is civil in nature though contained in a criminal procedural statute, and its primary object is to provide speedy relief rather than punish the defaulting person.
Persons Entitled to Claim Maintenance
1. Wife
A wife who is unable to maintain herself may claim maintenance if her husband, despite having sufficient means, neglects or refuses to maintain her.
The expression includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
2. Legitimate or Illegitimate Minor Child
A legitimate or illegitimate minor child, whether married or unmarried, is entitled to maintenance when unable to maintain itself.
3. Major Child Suffering from Disability
A legitimate or illegitimate child who has attained majority may claim maintenance if, due to physical or mental abnormality or injury, the child is unable to maintain himself or herself.
4. Father or Mother
Parents who are unable to maintain themselves may seek maintenance from their son or daughter who has sufficient means.
Essential Conditions for Grant of Maintenance
A Magistrate may pass an order only when the following conditions are satisfied:
1. Sufficient Means of the Respondent
The person against whom maintenance is claimed must possess adequate financial means or earning capacity.
2. Neglect or Refusal
There must be a neglect or refusal to maintain the claimant. Mere existence of a relationship is not enough.
3. Inability of the Claimant to Maintain Himself or Herself
The wife, child, or parent must establish that they are unable to maintain themselves independently.
4. Existence of a Qualifying Relationship
The claimant must fall within one of the categories recognised under Section 144.
Object and Purpose
The provision aims to:
- prevent vagrancy and destitution;
- secure financial support for dependent family members;
- provide a speedy and inexpensive remedy;
- uphold the constitutional value of social welfare and human dignity.
Procedure under Section 144
- The eligible claimant files an application before the competent Judicial Magistrate.
- Notice is issued to the respondent.
- Both parties are given an opportunity to present evidence regarding income, neglect, and dependency.
- The Magistrate determines whether the statutory conditions are fulfilled.
- A monthly maintenance order may be passed in such amount as the Magistrate considers appropriate.
- The order remains enforceable unless modified, cancelled, or otherwise altered according to law.
Interim Maintenance
During the pendency of proceedings, the Magistrate may grant interim maintenance and litigation expenses where justified. This ensures that the dependent claimant is not left without financial support while the case is being decided.
Powers of the Magistrate
The Judicial Magistrate may:
- determine entitlement to maintenance;
- assess the financial capacity of the respondent;
- award interim and final maintenance;
- specify the monthly amount payable;
- enforce the maintenance order in accordance with the BNSS.
Rights of the Claimant
The claimant is entitled to:
- institute maintenance proceedings through a summary procedure;
- receive a fair hearing;
- seek interim financial relief;
- enforce the maintenance order upon default;
- apply for enhancement or alteration where circumstances materially change.
Circumstances in Which Wife May Be Refused Maintenance
A wife is generally not entitled to maintenance if she:
- is living in adultery;
- refuses to live with her husband without sufficient reason;
- is living separately by mutual consent.
However, where the husband has treated the wife with cruelty or there exists another legally sufficient ground for separate residence, refusal to live with him may not defeat her claim.
Enforcement of Maintenance Order
If the respondent fails to comply with the maintenance order without sufficient cause, the Magistrate may adopt statutory enforcement measures, including recovery of the amount due and imprisonment in accordance with the procedure prescribed under the BNSS.
The purpose of imprisonment is to enforce compliance and not to extinguish the maintenance liability.
Relationship with BNS and BSA
- Bharatiya Nyaya Sanhita, 2023 (BNS): Defines substantive criminal offences but does not govern maintenance rights.
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Provides the procedural mechanism for claiming and enforcing maintenance.
- Bharatiya Sakshya Adhiniyam, 2023 (BSA): Governs the admissibility and appreciation of evidence relating to income, relationship, dependency, and neglect.
Important Case Laws
Mohd. Ahmed Khan v. Shah Bano Begum (1985)
The Supreme Court held that the maintenance provision is a measure of social justice intended to protect women from destitution. Although decided under Section 125 CrPC, its principle continues to be relevant because Section 144 BNSS is substantially similar.
Bhuwan Mohan Singh v. Meena (2015)
The Court emphasized that maintenance proceedings should be decided expeditiously and that the object of the law is to ensure dignity and financial security for the dependent spouse.
Constitutional Connection
Section 144 advances the constitutional guarantees of:
- Article 14: Equality before law.
- Article 15(3): Special protection for women and children.
- Article 21: Right to live with dignity.
- Article 39: Directive Principle promoting adequate means of livelihood and protection of vulnerable family members.
Common Confusions
Can a divorced wife claim maintenance?
Yes. A divorced wife who has not remarried and is unable to maintain herself may claim maintenance under Section 144.
Can parents claim maintenance from daughters?
Yes. The obligation extends to children, including daughters, who possess sufficient means.
Is maintenance available only to legitimate children?
No. Legitimate as well as illegitimate children falling within the statutory conditions are entitled to claim maintenance.
Illustrative Example
Ramesh earns a stable monthly income but refuses to provide financial support to his elderly mother, who has no independent source of livelihood. His mother may apply under Section 144 BNSS, and the Magistrate may order Ramesh to pay monthly maintenance after considering his means and her dependency.
Quick Revision
- Section 144 BNSS deals with maintenance of wives, children, and parents.
- The remedy is intended to prevent destitution through a summary procedure.
- Eligible claimants include wives, minor children, certain disabled major children, and parents.
- The respondent must have sufficient means and must have neglected or refused maintenance.
- Interim maintenance may be granted during pendency of proceedings.
- The provision substantially corresponds to Section 125 CrPC.
- Leading precedents include Shah Bano and Bhuwan Mohan Singh, which remain relevant due to the similarity of the provision.
ASLO READ: Section 143 – Security for unexpired period of bond
Conclusion
Section 144 of the BNSS, 2023 embodies the principle that family members with sufficient means have a legal obligation to support dependents who cannot maintain themselves. By providing a swift and effective procedural remedy before a Magistrate, the provision promotes social justice, protects vulnerable individuals from financial hardship, and reinforces the constitutional commitment to dignity and welfare.
