Quick answer
- Section 125 CrPC is now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The substance is largely the same.
- A wife unable to maintain herself, minor children, adult children who cannot maintain themselves because of disability, and parents can claim from a person with sufficient means who neglects them.
- Under Rajnesh v. Neha (2021), both parties must file a detailed affidavit of assets and liabilities. Maintenance is normally payable from the date of the application.
- Unpaid maintenance can be recovered through a warrant. The court can also send the defaulter to jail for up to one month for each month’s default.
Maintenance is often the first and most urgent issue when a marriage breaks down. It can be claimed in more than one forum. The criminal-court route under the BNSS is the quickest and most widely used.
Who can claim maintenance under Section 144 BNSS?
- A wife (including a divorced wife who has not remarried) who is unable to maintain herself
- Minor children, legitimate or not, whether married or not (for a married daughter, only until she attains majority, where her husband lacks means)
- Adult children (other than a married daughter) who cannot maintain themselves because of physical or mental abnormality or injury
- Father or mother who cannot maintain themselves
The claim is against a person who has sufficient means and neglects or refuses to maintain them.
Where do you file?
Before the Family Court where one exists, otherwise the Magistrate. You can file where you reside, where the husband resides, or where you last lived together. For Ghaziabad and Noida residents this is usually the Family Court of that district.
What is the income affidavit and why does it matter?
In Rajnesh v. Neha, (2021) 2 SCC 324, the Supreme Court made it compulsory for both parties to file an Affidavit of Disclosure of Assets and Liabilities in every maintenance case. It covers income, property, loans and expenses. False statements in it can lead to perjury proceedings. Courts decide the amount largely on the basis of these affidavits. So prepare yours carefully, and challenge the other side’s if it hides income.
Can you get interim maintenance?
Yes. The Magistrate can order interim maintenance while the case is pending, together with expenses of the proceeding. Such an application should ordinarily be decided within 60 days of notice.
Is a working wife entitled to maintenance?
Earning does not automatically bar a claim. The question is whether her income lets her live at the standard she was used to in the matrimonial home. Courts compare both incomes, liabilities and dependants.
Can you claim maintenance under more than one law?
Yes. Maintenance can also be sought under Sections 24 and 25 of the Hindu Marriage Act and Section 20 of the Protection of Women from Domestic Violence Act. Under Rajnesh v. Neha, the court must adjust amounts already awarded in another case so that there is no double payment. You must disclose earlier orders.
What if maintenance is not paid?
The court can issue a warrant to recover the amount as a fine. It can also sentence the defaulter to imprisonment of up to one month for each month’s unpaid amount. Apply within one year of the amount falling due.
Need help?
Our family lawyers in Noida handle maintenance, custody and divorce together. See also child custody.
Sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 144 to 147
- Rajnesh v. Neha, (2021) 2 SCC 324
- Hindu Marriage Act, 1955 — Sections 24 and 25; Protection of Women from Domestic Violence Act, 2005 — Section 20
This article is general legal information, not legal advice for your specific case. Law and procedure change; please consult an advocate before acting.
