Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is a legal provision that deals with the maintenance of family members. It outlines the conditions for requesting, granting, or denying maintenance, and the consequences of not complying with maintenance orders.
Section 144 requires people with sufficient financial means to support those who cannot maintain themselves, including children, parents, and spouses.
A first-class Magistrate can order someone to pay a monthly allowance for maintenance if they neglect or refuse to maintain their family members.
If a divorced woman is unable to support herself, the magistrate may order the State Wakf Board to pay her maintenance.
If a divorced woman has children, the magistrate may order the children to pay maintenance to her. If the children are unable to pay, the magistrate may order the divorced woman’s parents to pay.
If a husband conceals his first marriage from his second wife, the Supreme Court has held that he cannot deny her maintenance.
Section 144 Order for maintenance of wives, children and parents–
(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 minor 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 Judicial 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 Judicial Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Judicial Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:
Provided further that the Judicial 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 Judicial 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,—
(a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 is deemed not to have attained his majority;
(b) “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 Judicial Magistrate shall cancel the order.
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In the Court of ……………………………………………………………….
Application No………..
Rani Devi, D/o Raja Ram
R/o House no. 621, pocket X, sector XX, Dwarka, Delhi
…………………………….Petitioner
Versus
Kishan Kumar, S/o Vasudev Kumar
R/o House no. 123, pocket X, sector XX, Dwarka, Delhi
…………………………….Respondent
Subject:- Petition for Maintenance under Section 144 Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS)
Most Respectfully Showeth that:
- The Petitioner and the Respondent were married on 01.01.2024 under the provisions of the Hindu Marriage Act at Celebration Garden, NH-8, Delhi.
- The marriage was duly registered at the ………………………, under Document No. ……………………………..
- During the course of the marriage, the Petitioner discovered that the Respondent was medically unfit to perform his marital obligations due to impotency, a condition confirmed by a certified medical practitioner’s report.
- Consequently, the marriage could not be consummated, leading to an irreparable breakdown of the marital relationship.
- Based on these grounds, the Petitioner obtained a decree of divorce from the District Court, Dwarka, presided by ………………, under Suit No. ………… on …………. A copy of the decree is annexed hereto as Exhibit No. 1.
- The Petitioner is unemployed and lacks formal education, rendering her incapable of earning a livelihood. Furthermore, she suffers from certain health issues, as detailed in the medical reports attached as Exhibit No. 2.
- As a result, the Petitioner has no independent means of income and is unable to meet her daily needs and basic living expenses.
- The Respondent is a qualified Chartered Accountant with a monthly income of Rs. 1,00,000/- and owns a commercial property measuring 500 square yards in Village ………………, which generates an additional rental income of Rs. 1,50,000/- per month.
- Given the Respondent’s substantial income and financial capacity, it is his legal obligation to provide maintenance and support to the Petitioner.
- The Petitioner respectfully submits the following details regarding her monthly expenses, which are essential for her sustenance:
- Rental expenses for a 2 BHK apartment: Rs. 20,000/-
- Medical expenses (including doctor’s consultation fees, medicines, and other related costs): Rs. 25,000/-
- Other essential living expenses: Rs. 25,000/-
- Total Monthly Maintenance Requested: Rs. 70,000/-
- This Hon’ble Court has jurisdiction to entertain this petition as the parties last resided together within its jurisdiction, and the Petitioner is currently residing within the same jurisdiction.
- The present application has been filed within the statutory limitation period and is maintainable under the law.
Prayer
The Petitioner humbly prays that this Hon’ble Court may kindly:
- Direct the Respondent to pay monthly maintenance of Rs. 70,000/- to the Petitioner to meet her essential living and medical expenses.
- Pass any other orders deemed just and appropriate in the interest of justice.
Date: ……………………. Signature of Petitioner
Place: …………….., Delhi [Wife Name]
………………………..
Verification
I, …………., D/o …………….., the Petitioner in the present case, do hereby solemnly affirm and state that the contents of the paragraphs 1 to 12 in this petition are true and correct to the best of my knowledge and belief. The information provided herein is based on my personal knowledge and records, which I believe to be true. No part of this petition is false, and nothing material has been concealed therefrom.
Verified at [Place] on this [Day] day of [Month], [Year].
Signature of Petitioner
…………… D/o ……….
Affidavit
I, …………, D/o …………….., aged …….. years, residing at House no. ……… pocket …… sector ………. Delhi , do hereby solemnly affirm and declare as follows:
1. That I am the Petitioner in the accompanying maintenance petition filed under Section 144 Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) against my husband, Kishan Kumar S/o Vasudev Kumar.
2. That the facts stated in paragraphs 1 to 13 of the said petition are true and correct to the best of my knowledge and belief. I have read the petition and understood its contents.
3. That I am filing this affidavit to support the facts and statements made in the petition for maintenance, which is filed within the limitation period and before a Court with appropriate jurisdiction.
Petitioner/Deponent
Verification
I, …………., D/o ……….., the above-named deponent, do hereby verify that the contents of this affidavit are true and correct to the best of my knowledge and belief. No part of it is false, and nothing material has been concealed.
Verified at [Place] on this [Day] day of [Month], [Year].
Petitioner /Deponent
Attested:
The Affidavit can be attested by either Notary Public or Oath Commissioner