Section 125 of the Code of Criminal Procedure, 1973 gave a quick remedy to a wife, children and parents who could not maintain themselves. With the Bharatiya Nagarik Suraksha Sanhita, 2023 that provision continues as Section 144, and the substance of the remedy is carried over.
Key facts
- Law
- Section 144, BNSS (formerly Section 125, CrPC)
- Who can claim
- A wife unable to maintain herself, minor children, adult children with a disability, and parents
- Divorced wife
- Treated as a wife until she remarries
- Court
- Magistrate of First Class where either party lives, or where they last lived together
- Interim maintenance
- To be decided as far as possible within 60 days of notice
Who may claim
- A wife who is unable to maintain herself.
- A legitimate or illegitimate minor child, whether married or not, who is unable to maintain himself or herself.
- An adult child with a physical or mental abnormality or injury that makes him or her unable to maintain himself or herself.
- A father or mother who is unable to maintain himself or herself.
The claim lies against a person having sufficient means who neglects or refuses to maintain them. The Explanation to the provision treats a divorced wife as a wife for this purpose until she remarries.
Where and how
The application is made before the Magistrate of First Class in a district where the person against whom it is made resides, or where the claimant resides, or where he last resided with his wife or the mother of the illegitimate child, as the provision allows. The Magistrate hears both sides and may order a monthly allowance, which is paid from the date the order directs, and may be enforced as the Code provides.
Interim maintenance
While the application is pending the Magistrate may order a monthly allowance for the interim period and the expenses of the proceeding. The BNSS provision states that the application for interim maintenance should be disposed of, as far as possible, within sixty days of service of notice on the other side.
What is considered
The amount depends on the needs of the claimant, the income and responsibilities of the other party, and the standard of living. Both sides are generally asked to file affidavits of income and expenses, and the courts have laid down that these should be complete and accurate.
Other remedies
This remedy is separate from maintenance claimed in matrimonial proceedings under personal law statutes and from relief under the Protection of Women from Domestic Violence Act, 2005. Orders under one may be taken into account in another, so the position of each proceeding should be understood together.
This article is general legal information and is not advice on any particular matter. Facts differ, and the law and prescribed forms are amended from time to time, so documents and dates should be checked against the current provisions before any step is taken.
Related service: Legal Assistance for Women in Mumbai