Maintenance Under Section 144 BNSS: The Former Section 125 CrPC

Section 125 searches and the current BNSS framework

Many people still search for maintenance under section 125 because that provision became the familiar route for basic family support. For the current framework, consult section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [section 125 CrPC]. The change in numbering does not mean that an existing maintenance order simply disappears or that every pending case must be filed again.

The BNSS came into force on 1 July 2024. Its repeal and savings provision matters for proceedings already pending under the earlier Code. An advocate should check when your application began, its present stage and any existing order before deciding which procedural provisions govern it. Use the old case number when seeking advice about an ongoing matter.

This summary remedy is intended to address qualifying neglect or refusal to maintain; it is not a complete division of matrimonial assets or a substitute for deciding every divorce issue. A spouse, child or parent may have other statutory remedies. Identify the particular claimant, the immediate financial need and any parallel proceedings before choosing a forum.

Who may claim: wives, children and parents

Section 144 BNSS [section 125 CrPC] covers a wife unable to maintain herself, qualifying children, and a father or mother unable to maintain themselves, where a person with sufficient means neglects or refuses maintenance. The definition of wife includes a divorced woman who has not remarried. Eligibility must still be assessed against the statutory conditions and the evidence.

The provision includes legitimate or illegitimate minor children, whether married or not, unable to maintain themselves. It also covers qualifying adult children, other than a married daughter, unable to maintain themselves because of physical or mental abnormality or injury. Do not assume that every adult education expense automatically falls within this particular route; other personal-law obligations may require separate consideration.

A parent’s claim is distinct from a wife’s claim. Prepare separate details of the parent’s income, pension, treatment costs and living arrangements, and identify the respondent’s means. Likewise, show a child’s expenses separately from household spending. Combining every family expense into a single unexplained figure makes it harder to assess need and can obscure the legal basis for each claimant.

Need help with this? Read our guide to Maintenance case | Advocate Help.

Separation, earnings and statutory restrictions

A wife having qualifications or some earnings is not automatically the same as being able to maintain herself adequately. Courts examine actual income and circumstances. Conversely, maintenance is not awarded merely because a marriage exists: the relevant need, sufficient means and neglect or refusal must be addressed. Avoid advice that promises a fixed result from employment status alone.

Section 144 BNSS [section 125 CrPC] contains restrictions concerning a wife living in adultery, refusing to live with her husband without sufficient reason, or living separately by mutual consent. Whether a reason for separate residence is sufficient can be contested. The statutory text also addresses an offer to maintain her on condition that she lives with him and relevant grounds for refusing.

Tell your advocate why separation occurred and preserve supporting material, including relevant complaints or medical records. Do not hide your income or an existing settlement. The effect of a divorce decree, settlement, allegation or refusal to cohabit requires legal assessment; none should be treated as an automatic answer without reading the documents and identifying the applicable statutory rule.

Rajnesh v Neha: disclosure, overlap and commencement

In Rajnesh v Neha (2020), the Supreme Court issued detailed maintenance guidelines addressing overlapping jurisdictions, interim maintenance, financial disclosure, quantum, commencement and enforcement. The judgment is a central reference for preparing an honest financial case. It should not be reduced to a social-media claim that every wife receives a fixed share of the husband’s salary.

The Court required disclosure of assets and liabilities in the prescribed framework and addressed adjustment of maintenance awarded in different proceedings. A claimant must disclose earlier proceedings and orders. A later court should consider adjustment or set-off as appropriate, rather than allowing undisclosed duplicate recovery for the same maintenance obligation. Give your advocate copies of all orders, including interim ones.

The judgment directed maintenance to be awarded from the date of the application. Section 144 BNSS [section 125 CrPC] itself addresses payment from the order date or, if ordered, the application date. Read the actual operative directions in your case to calculate arrears. An assumption based only on the hearing date can seriously understate or overstate the amount due.

How courts assess the amount and interim support

There is no universal statutory percentage under this summary provision. Relevant circumstances include reasonable needs, income and resources, dependants, standard of living, health and childcare responsibilities. An advocate should distinguish essential monthly expenditure from occasional or unsupported claims. The respondent’s genuine obligations matter too, but unexplained assertions about loans or dependent relatives are not a substitute for disclosure.

Build a monthly budget using rent, food, utilities, school fees, travel and treatment. Explain shared expenses and avoid counting the same cost twice for different claimants. For irregular earnings, gather records over a meaningful period rather than selecting only a particularly good or bad month. Business receipts are not automatically identical to personal disposable income.

Section 144 BNSS [section 125 CrPC] permits interim maintenance and expenses of proceedings. It states that an interim application should, as far as possible, be disposed of within sixty days from service of notice. This is not a guaranteed payment deadline. Request urgent relief with a concise explanation of current shortfalls and documents showing why the final hearing cannot reasonably be awaited.

Documents, forum and preparing the application

Collect identification, marriage-related records, children’s birth and school records, bank statements, income information and evidence of regular expenses. A divorced claimant should include the decree and any settlement. Parents should include pension information and medical bills where relevant. List what is missing rather than delaying indefinitely because one document is unavailable.

Territorial procedure is addressed by section 145 BNSS [section 126 CrPC]. Its grounds differ according to the statutory wording and claimant’s circumstances. Do not assume that every claimant can file wherever they currently happen to be staying. An advocate should identify the competent Magistrate or Family Court and check whether another proceeding already affects the proposed filing.

Write a dated account of requests for support, payments received and the financial gap. Preserve messages accurately without editing away context. If the respondent’s income is unknown, explain the basis for any estimate and identify lawful sources of information. The court can be asked to require appropriate disclosure; guessing an impressive salary figure is not evidence and can weaken an otherwise genuine application.

Payment defaults, arrears and changing an order

Once an order exists, maintain a payment ledger showing each due date, amount due, amount received and balance. Use bank entries or receipts to support it. A broad statement that nothing has ever been paid may be inaccurate if there were partial transfers or payments for particular expenses. Distinguish agreed direct payments from unilateral substitutions for the ordered monthly amount.

Section 144 BNSS [section 125 CrPC] provides enforcement mechanisms for failure without sufficient cause, including a warrant and possible imprisonment within statutory limits. The provision contains a one-year condition for an application to levy an amount due through that mechanism. Ask promptly about enforcement; do not assume that waiting indefinitely has no procedural consequences.

Changed circumstances can support an alteration application under section 146 BNSS [section 127 CrPC]. Section 147 BNSS [section 128 CrPC] concerns enforcement of maintenance orders. Job loss, increased medical needs or changed income should be documented, not used as a reason to privately rewrite the order. Continue seeking lawful modification rather than treating an oral family conversation as cancellation of a judicial obligation.

Coordinating maintenance with divorce and domestic violence relief

A maintenance application need not wait for a divorce decision. Depending on the facts and applicable law, support may also be sought in matrimonial proceedings or under section 20 of the Protection of Women from Domestic Violence Act, 2005. Different routes have different conditions. Explain whether you need immediate subsistence, litigation expenses, child support or another form of relief.

Keep a single folder containing every petition, affidavit, settlement and payment record. The disclosure and overlap principles in Rajnesh v Neha make coordination especially important. Tell each advocate about the other cases. Receiving orders from different forums does not justify concealing an earlier award or recovering the same liability twice without adjustment.

Before accepting a settlement, ask how it addresses arrears, future support, children’s expenses, payment dates and defaults. Do not sign a statement that money has been received unless it has actually arrived and the wording is accurate. LawLine can connect you with an independent advocate for document-specific advice; it cannot promise an award, an amount or a particular hearing timetable.

Frequently asked questions