Section 144 BNSS: Order for maintenance of wives, children and parents
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 144 BNSS at a Glance
Section 144 BNSS deals with order for maintenance of wives, children and parents. It replaced Section 125 CrPC on 1 July 2024. Popularly called maintenance. An interim maintenance application shall, as far as possible, be disposed of within sixty days from service of notice; Section 144 BNSS drops the word minor before child.
Section 144 BNSS Bare Act Text
(1) If any person having sufficient means neglects or refuses to maintain—
(a) his wife, unable to maintain herself; or
(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.
Explanation.For the purposes of this Chapter, "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation.If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.
(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
Source: Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 144 BNSS in Simple Words
Under Section 144(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate of the first class may order a person having sufficient means to make a monthly allowance for maintenance. The order can be made only upon proof of neglect or refusal to maintain. The Magistrate sets the monthly rate that the Magistrate thinks fit and directs from time to time to whom it is paid. Section 144(1)(a) BNSS covers a wife who is unable to maintain herself. Section 144(1)(b) BNSS covers a legitimate or illegitimate child, whether married or not, who is unable to maintain itself. Section 144(1)(c) BNSS covers a legitimate or illegitimate child, not being a married daughter, who has attained majority and is unable to maintain itself by reason of any physical or mental abnormality or injury. Section 144(1)(d) BNSS covers a father or mother who is unable to maintain themselves. The first proviso lets the Magistrate order the father of a female child referred to in Section 144(1)(b) BNSS to pay the allowance until the child attains majority. The Magistrate may do so if satisfied that the husband of that female child, if married, is not possessed of sufficient means. The second proviso lets the Magistrate, during the pendency of the proceeding, order a monthly allowance for the interim maintenance of the wife, child, father or mother.
It also covers the expenses of the proceeding which the Magistrate considers reasonable. The third proviso concerns an application for interim maintenance and expenses under the second proviso. That application shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to the person. Under the Explanation, wife includes a woman who has been divorced by, or has obtained a divorce from, the woman's husband and has not remarried. Under Section 144(2) BNSS, the allowance is payable from the date of the order or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding. Section 144(3) BNSS applies if a person so ordered fails without sufficient cause to comply with the order. For every breach, the Magistrate may issue a warrant for levying the amount due in the manner provided for levying fines. The Magistrate may also sentence that person to imprisonment for a term which may extend to one month or until payment if sooner made. That sentence is for the whole or any part of each month's allowance remaining unpaid after the execution of the warrant. The first proviso to Section 144(3) BNSS says no warrant shall be issued for recovery of an amount unless application is made to the Court.
The application must be made to levy the amount within a period of one year from the date on which it became due. The second proviso covers a person who offers to maintain the wife on condition of the wife living with that person, where the wife refuses. The Magistrate may consider any grounds of refusal stated by the wife. The Magistrate may make an order despite the offer, if satisfied that there is just ground for doing so. The Explanation to Section 144(3) BNSS says it shall be considered just ground for the wife's refusal to live with the husband if the husband has contracted marriage with another woman or keeps a mistress. Under Section 144(4) BNSS, no wife is entitled to receive an allowance for maintenance or interim maintenance and expenses of proceeding from the husband in the cases listed next. Those cases are where the wife is living in adultery, where the wife without any sufficient reason refuses to live with the husband, and where they are living separately by mutual consent. Under Section 144(5) BNSS, on proof of any of those grounds against a wife in whose favour an order has been made, the Magistrate shall cancel the order.
When Section 144 BNSS Applies
- A Magistrate of the first class may, upon proof that a person having sufficient means neglects or refuses to maintain his wife or his father or mother who is unable to maintain herself or himself, order that person to pay a monthly maintenance allowance at a rate the Magistrate thinks fit under Section 144(1) BNSS.
- Maintenance under Section 144(1) BNSS may be ordered for a legitimate or illegitimate child, whether married or not, who is unable to maintain itself, and for a child who has attained majority, other than a married daughter, where such child is unable to maintain itself by reason of any physical or mental abnormality or injury.
- The first proviso to Section 144(1) BNSS permits the Magistrate to order the father of a married female child referred to in Section 144(1)(b) BNSS to pay the monthly allowance until she attains her majority, if the Magistrate is satisfied that her husband is not possessed of sufficient means.
- Under the second proviso to Section 144(1) BNSS, the Magistrate may, during the pendency of the maintenance proceeding, order the person to pay a monthly allowance for interim maintenance of his wife, child, father, or mother and reasonable expenses of the proceeding.
- If a person ordered to pay fails without sufficient cause to comply, the Magistrate may under Section 144(3) BNSS issue a warrant for every breach to levy the amount due in the manner provided for levying fines and may sentence the person to imprisonment for up to one month for each month of unpaid allowance or expenses remaining after execution of the warrant, unless payment is made sooner.
- A proviso to Section 144(3) BNSS allows the Magistrate to make a maintenance order notwithstanding a husband's offer to maintain his wife on condition of her living with him, if she refuses and the Magistrate is satisfied there is just ground for doing so, including where the husband has contracted marriage with another woman or keeps a mistress.
Time Limits Under Section 144 BNSS
- Under the first proviso to Section 144(1) BNSS, a father ordered to pay a monthly allowance for his married female child whose husband lacks sufficient means may be ordered to pay it until she attains her majority.Act text: “order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority”
- An application for interim maintenance and proceeding expenses under the second proviso to Section 144(1) BNSS shall, as far as possible, be disposed of within sixty days from the date notice of the application is served on the person.Act text: “shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application”
- Under Section 144(2) BNSS, any allowance for maintenance or interim maintenance and proceeding expenses shall be payable from the date of the order, or, if so ordered, from the date of the application.Act text: “shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance”
- For the whole or any part of each month of unpaid maintenance or interim maintenance and proceeding expenses remaining after execution of a warrant, the Magistrate may under Section 144(3) BNSS sentence the person to imprisonment for a term which may extend to one month, or until payment if made sooner.Act text: “to imprisonment for a term which may extend to one month or until payment if sooner made”
- The first proviso to Section 144(3) BNSS provides that no warrant shall be issued for the recovery of any amount due unless an application is made to the court to levy that amount within one year from the date on which it became due.Act text: “unless application be made to the Court to levy such amount within a period of one year from the date on which it became due”
Example of Section 144 BNSS
When Section 144 BNSS Does Not Apply
- Under Section 144(4) BNSS, a wife is not entitled to receive an allowance for maintenance or interim maintenance and proceeding expenses from her husband if she is living in adultery, if she refuses to live with her husband without any sufficient reason, or if they are living separately by mutual consent.
- Section 144(1)(c) BNSS does not apply to a child who has attained majority if that child is a married daughter, or if the adult child is not unable to maintain itself by reason of any physical or mental abnormality or injury.
- No maintenance order can be made under Section 144(1) BNSS if the person against whom the claim is brought does not have sufficient means, has not neglected or refused to maintain the family member, or if the wife, child, father, or mother is able to maintain herself, itself, or himself.
- Under the first proviso to Section 144(3) BNSS, no warrant shall be issued for the recovery of any amount due unless the application to the court to levy that amount is made within a period of one year from the date on which it became due.
Section 144 BNSS in the CrPC (Previous Law)
Section 144 BNSS replaced Section 125 CrPC from 1 July 2024.
Section 125 of the Code of Criminal Procedure, 1973 became Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with no new sub-sections added and no provisions merged from other sections. Section 144(1)(b) BNSS and the first proviso to Section 144(1) BNSS omit the word minor before child and female child, and the Explanation to Section 144(1) BNSS omits the definition of minor under the Indian Majority Act, 1875. As changes of form, the section is renumbered, Section 144(4) BNSS omits the words as the case may be, and all other rules remain unchanged.
Each sub-section below names its own source.
FAQs on Section 144 BNSS
Can a divorced woman claim maintenance under Section 144 BNSS, and when is a wife disqualified?▼
Yes. The Explanation to Section 144(1) BNSS provides that a wife includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. However, under Section 144(4) BNSS, no wife is entitled to receive maintenance or interim maintenance and proceeding expenses if she is living in adultery, refuses to live with her husband without any sufficient reason, or lives separately by mutual consent. Under Section 144(5) BNSS, the Magistrate shall cancel an order on proof of any of these grounds.
How does Section 144 BNSS regulate interim maintenance and proceeding expenses?▼
The second proviso to Section 144(1) BNSS allows the Magistrate, during the pendency of the proceeding, to order a monthly allowance for interim maintenance and reasonable proceeding expenses. An application for interim maintenance and expenses shall, as far as possible, be disposed of within sixty days from the date of service of notice of the application. Under Section 144(2) BNSS, the allowance is payable from the date of the order, or, if so ordered, from the date of the application.
How is a maintenance order enforced if a person defaults under Section 144(3) BNSS?▼
If the person ordered fails without sufficient cause to comply, the Magistrate may under Section 144(3) BNSS issue a warrant for every breach to levy the amount due in the manner provided for levying fines. For each month's unpaid allowance or expenses remaining after execution of the warrant, the Magistrate may sentence the person to imprisonment for up to one month, or until payment if sooner made. An application to levy any amount due must be made within one year from the date it became due.
When can a father be ordered to maintain a married female child under Section 144(1) BNSS?▼
Section 144(1)(b) BNSS covers a legitimate or illegitimate child, whether married or not, who is unable to maintain itself. Under the first proviso to Section 144(1) BNSS, if a female child referred to in Section 144(1)(b) BNSS is married, the Magistrate may order her father to pay the monthly maintenance allowance until she attains her majority, provided the Magistrate is satisfied that the husband of that female child is not possessed of sufficient means.
What changed when Section 125 of the Code of Criminal Procedure, 1973 became Section 144 BNSS?▼
From 1 July 2024, Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 125 of the Code of Criminal Procedure, 1973. Section 144(1)(b) BNSS and the first proviso to Section 144(1) BNSS omit the word minor before child and female child, and the Explanation to Section 144(1) BNSS omits the clause that defined minor under the Indian Majority Act. In addition, Section 144(4) BNSS omits the words as the case may be, while the other powers, conditions, and time limits remain unchanged.
Section 144 BNSS: Sub-sections Explained
Section 144(1) BNSS: Order for maintenance of wives, children and parents
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Bare Act Text
(1) If any person having sufficient means neglects or refuses to maintain—
(a) his wife, unable to maintain herself; or
(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.
Explanation.For the purposes of this Chapter, "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
Section 144(2) BNSS: Order for maintenance of wives, children and parents
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Bare Act Text
(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.
Section 144(3) BNSS: Order for maintenance of wives, children and parents
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Bare Act Text
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation.If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.
Section 144(4) BNSS: Order for maintenance of wives, children and parents
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Bare Act Text
(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
Section 144(5) BNSS: Order for maintenance of wives, children and parents
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Bare Act Text
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·