Family

Maintenance for Wife and Children Under Section 144 BNSS: Rights and Procedure

Last updated: 12 July 2026 · By Advocate Manish Sharma, Faridabad · General legal information, not legal advice

In short: Under Section 144 of the BNSS (formerly Section 125 CrPC), a wife, minor children, and dependent parents who cannot maintain themselves can claim monthly maintenance from a person with sufficient means who neglects them. The Family Court decides the amount based on needs, the respondent's income, and standard of living. Interim maintenance can be granted while the case is pending.

Who can claim maintenance under Section 144 BNSS?

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the maintenance provision from Section 125 CrPC. A wife who is unable to maintain herself (including, in settled law, a divorced wife who has not remarried), legitimate or illegitimate minor children, adult children unable to maintain themselves due to a physical or mental condition, and parents unable to maintain themselves can all claim. The claim lies against a person with sufficient means who has neglected or refused to maintain them.

How does the court decide the maintenance amount?

The court weighs the reasonable needs of the claimant, the income and assets of the respondent, the standard of living the parties were used to, and the respondent's own liabilities. There is no fixed formula; the aim is a fair sum that prevents destitution while remaining proportionate to the respondent's means. Concealment of income is common, so courts also look at lifestyle and indirect evidence of earning capacity.

What is interim maintenance and how quickly can it come?

Because a maintenance case can take time, the law allows interim maintenance — a monthly sum ordered while the main application is pending, so the claimant is not left without support. The Supreme Court has directed that maintenance applications be decided expeditiously and that both parties file affidavits of assets and income to speed up the process. In the Faridabad Family Court, an interim order can provide relief within the early hearings.

What happens if the respondent does not pay ordered maintenance?

If a person ordered to pay maintenance fails without sufficient cause, the court can issue a warrant to recover the amount as a fine, and may sentence the defaulter to imprisonment for up to one month for each month's unpaid maintenance, or until payment. This enforcement mechanism gives the order real teeth. The precise steps depend on the facts and are pursued through the same court that passed the order.

Can a working wife still claim maintenance?

Employment does not automatically bar a wife's claim. If her income is insufficient to maintain the standard of living she is entitled to, or is substantially lower than the husband's, the court can still award maintenance to bridge the gap. The test is whether she can maintain herself adequately, not merely whether she earns something. Each case turns on its own financial facts, which is why these matters are argued on the specific record before the Family Court.

Filing a maintenance case in Faridabad — the sequence

Application under Section 144 BNSS: before the Family Court, Faridabad, with basic marriage/children proof.
Income affidavits: both sides file asset-and-income affidavits — the Supreme Court has made these mandatory.
Interim application: monthly support sought for the pendency of the case, usually decided in early hearings.
Evidence: needs of the claimant, means and lifestyle of the respondent, concealment if any.
Final order: monthly amount fixed from the date of application or order, as the court directs.
Enforcement: on default — recovery warrant, and imprisonment up to one month per unpaid month.

What the court weighs while fixing the amount

Factor	How it plays
Needs of claimant	Reasonable living costs, children's education and care
Income & assets of respondent	Declared income plus lifestyle and earning capacity — concealment invites adverse inference
Standard of living	The level the family maintained during the marriage
Respondent's liabilities	Genuine existing obligations are factored, not excuses

Frequently asked questions

Can a divorced wife claim maintenance under Section 144 BNSS?

Yes. A divorced wife who has not remarried and cannot maintain herself can claim, as settled by the Supreme Court under the equivalent former provision.

How long does a maintenance case take in Faridabad?

The main case can take time, but interim maintenance can be granted early. Courts are directed to decide such matters expeditiously with income affidavits from both sides.

What if the husband hides his real income?

Courts look beyond declared income to lifestyle, assets, and earning capacity. Concealment can lead to adverse inferences when fixing the amount.

Maintenance normally kitni milti hai?

Koi fixed formula nahi — needs, respondent ki income aur standard of living dekh kar court fair amount tay karti hai. Har case apne facts pe.

Husband job chhod de to maintenance rukti hai kya?

Nahi — courts earning capacity dekhti hain. Kaam karne laayak aadmi jaan boojh kar bekaar rahe to bhi liability banti hai.

Interim maintenance kab se milti hai?

Aksar application ki date se — Supreme Court ne interim ko jaldi decide karne aur income affidavits ke saath process tez karne ke directions diye hain.