Maintenance refers to the financial assistance provided to individuals who require support to meet their basic needs, such as food, clothing, and shelter. The amount of maintenance is not fixed but determined by the court, which takes into account various factors, including the needs of the dependent and the financial capacity of the provider. Maintenance payments may be made monthly or as a one-time lump sum. Section 144 of BNSS replaced Section 125 of CrPC in the new criminal law.
Definition of Maintenance Under Hindu Adoption and Maintenance Act, 1956
As per Section 3(b) of the Hindu Adoption and Maintenance Act, 1956, maintenance encompasses:
- Provision for food, clothing, residence, education, medical care, and treatment.
- Reasonable expenses related to the marriage of an unmarried daughter.
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023
The Bharatiya Nagarik Suraksha Sanhita (BNSS) is India’s principal legislation that governs the procedural aspects of criminal law. Section 144 of the BNSS (which replaced Section 125 of the CrPC) focuses on providing maintenance to dependents, including wives, children, and parents, irrespective of their religious identity. The purpose of this section is to protect those unable to sustain themselves financially. It is a secular, gender-neutral provision, meaning even a husband can claim maintenance if he is dependent. It also includes interim maintenance, ensuring immediate financial relief during the pendency of legal proceedings.
Essential Conditions for Maintenance Under Section 144 BNSS
- Financial Capacity:
The person from whom maintenance is claimed must have the financial ability to provide support, while the claimant must prove their inability to maintain themselves. The burden of proof lies with the dependent to show incapacity, while the provider must establish their ability to pay. - Neglect or Refusal to Maintain:
The claimant must demonstrate that the person responsible for their maintenance has neglected or refused to provide support. A Judicial Magistrate of First Class can issue a maintenance order upon satisfaction that these conditions have been met.
The court determines the monthly allowance or lump sum amount and retains the authority to revise it in case of changes in the financial circumstances of either party.
Maintenance for Wives Under Section 144 BNSS
Section 144(1)(a) focuses on maintenance for wives, with Explanation (b) defining “wife” to include a divorced woman who has not remarried. This expansive definition ensures that even ex-wives are protected. However, a wife’s right to maintenance is subject to the following exceptions:
- Adultery: A wife living in adultery forfeits her right to maintenance.
- Unjustified Separation: A wife cannot claim maintenance if she leaves her husband without sufficient cause. However, if her husband contracts another marriage or keeps a mistress, the wife’s refusal to live with him is justified.
- Mutual Consent: If both spouses choose to live separately by mutual consent, the wife cannot claim maintenance.
- Remarriage After Divorce: A wife loses her right to maintenance if she remarries following a divorce.
The court may cancel a maintenance order if the wife is found guilty of adultery, unjustified refusal to live with her husband, or if both spouses are living separately by mutual agreement.
Maintenance for Children Under Section 144 BNSS
Section 144(1)(b) and (c) addresses the maintenance of children.
- Minor Children: All minor children, whether legitimate or illegitimate, are entitled to maintenance from their parents under Section 144(1)(b).
- Major Children: Major children who are unable to support themselves due to physical or mental disabilities are eligible for maintenance under Section 144(1)(c).
Additionally, if the husband of a married minor female is financially incapable of supporting her, the father may be ordered to pay maintenance until she reaches adulthood.
Maintenance for Parents Under Section 144 BNSS
This section also provides maintenance rights to parents, including both the father and mother, irrespective of their income sources. Elderly parents, often without a steady income, can claim maintenance from their children, including married daughters. If there are multiple children, parents can choose to claim maintenance from any one of them.
Landmark Judgments on Maintenance Laws
Two judgments highlight the evolution of maintenance laws in India:
- Mohd. Ahmed Khan v. Shah Bano Begum:
This Supreme Court judgment extended maintenance rights to divorced Muslim women, stating that personal laws cannot override secular provisions under the CrPC (now BNSS). It affirmed that a divorced Muslim woman incapable of supporting herself is entitled to maintenance beyond the iddat period unless she remarries. - Daniel Latifi v. Union of India:
While upholding the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Supreme Court ruled that “reasonable and fair provision” includes future financial needs, not limited to the iddat period.
Key Features and Benefits of Section 144 BNSS
- Secular and Gender-Neutral: The provision applies to individuals of all religions and allows dependent husbands to claim maintenance.
- Inclusion of Illegitimate Children: Maintenance rights extend to children born out of wedlock.
- Interim Maintenance: Dependents can receive financial support during the pendency of the case.
- Flexibility: The court can revise the maintenance amount based on changing financial circumstances.
Section 144 of the BNSS is a progressive and inclusive provision that reinforces the legal system’s commitment to social welfare. By ensuring financial support for vulnerable dependents—spouses, children, and parents—it upholds their right to live with dignity. This law not only safeguards dependents from financial hardship but also emphasizes fairness and equity in familial responsibilities.
FAQs on section 144 of BNSS
- What is the purpose of maintenance laws in India under Section 144 BNSS?
Maintenance laws, specifically under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), aim to ensure financial support for dependents such as wives, children, and parents who cannot sustain themselves. This provision, which replaced Section 125 of the CrPC, safeguards the dignity and basic needs of dependents, ensuring access to food, clothing, shelter, and education. - Can a divorced wife claim maintenance in India under Section 144 BNSS?
Yes, a divorced wife can claim maintenance under Section 144 BNSS, provided she has not remarried and cannot maintain herself. This provision ensures financial support even for ex-wives, transcending personal religious laws, to prevent financial destitution and uphold their dignity. - Are children entitled to maintenance under Section 144 BNSS?
Yes, both minor and certain major children are entitled to maintenance under Section 144 BNSS. Minor children (legitimate or illegitimate) are eligible, while major children with mental or physical disabilities can also claim support if they cannot maintain themselves. - How do courts determine the quantum of maintenance in India?
Courts consider several factors when deciding the maintenance amount, including the financial capacity of the provider, the dependent’s needs, the standard of living during the relationship, and any liabilities or responsibilities of the payer. This ensures a fair and reasonable maintenance award. - Can parents claim maintenance from married children in India?
Yes, under Section 144 BNSS and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, parents can claim maintenance from their children, including married daughters. The law emphasizes the duty of children to support aged or infirm parents who cannot sustain themselves.