The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973. Section 144 BNSS corresponds to the erstwhile Section 125 CrPC and preserves all existing rights relating to maintenance. This provision is a social welfare measure designed to prevent destitution and homelessness among wives, children, and parents who are unable to maintain themselves, regardless of their personal law (Hindu, Muslim, Christian, or Parsi).
Who can claim maintenance: (1) A wife — including a divorced wife until she remarries and has not received a fair settlement — from her husband; (2) a legitimate or illegitimate minor child, or an adult child who is physically or mentally unable to maintain themselves, from their father; (3) a mother or father unable to maintain themselves, from their son or daughter. Notably, the Supreme Court in Rajnesh v. Neha (2020) issued comprehensive guidelines on the quantum of maintenance, directing courts to take a holistic view of the husband's income (including undisclosed income), standard of living, and the wife's reasonable needs.
Procedure: An application is filed before the Judicial Magistrate (First Class) in the district where the applicant resides or where the respondent resides or last resided. The proceedings are summary in nature — designed to be completed swiftly. The Magistrate may grant interim maintenance within 60 days of the first hearing (Section 144(2) BNSS). The final maintenance order can be varied or rescinded if there is a change in circumstances (Section 144(4) BNSS).
Quantum and enforcement: There is no statutory cap on maintenance under Section 144 BNSS — the amount is determined by the court based on the respondent's income and the applicant's needs. If the respondent fails to comply with a maintenance order without sufficient cause, the Magistrate may issue a warrant for distress and sale of the respondent's movable property, or sentence the defaulter to one month's imprisonment for each month's default.
Muslim women and maintenance: Post the Supreme Court's Constitution Bench judgment in Mohd. Abdul Samad v. State of Telangana (2024), Muslim women are entitled to invoke Section 125 CrPC / Section 144 BNSS for maintenance from their husbands despite the Muslim Women (Protection of Rights on Divorce) Act, 1986. This landmark ruling has significantly expanded the rights of Muslim divorced women across India.