Maintenance under BNSS Section 144 (CrPC 125): The Family Lawyer's Complete Guide (2026)
A woman with two school-going children has been abandoned by her husband. He earns Rs 1,20,000 per month as a software engineer. He has stopped paying rent, school fees, and household expenses. She has no independent income. The children's school is threatening to strike their names off for non-payment.
She needs money NOW — not after a 3-year divorce trial. BNSS Section 144 (formerly CrPC 125) is the fastest route to interim maintenance — courts can order payment within 60 days of filing.
This is the most filed family law application in India — every family court advocate handles dozens per year. Yet most applications are poorly drafted, undervalue the claim, and fail to present the husband's true income. This guide covers the complete framework with strategies for both sides. NyayaVeda AI provides instant citation-verified research on maintenance quantum precedents, Rajnesh v. Neha compliance analysis, and salary attachment enforcement orders.
What Is Maintenance under BNSS Section 144?
Maintenance under BNSS Section 144 is the statutory right of a wife, children, and elderly parents to receive a monthly sum from the husband or child with sufficient means, enforceable through the Family Court or Magistrate as a criminal remedy. It replaced CrPC Section 125 and enables courts to grant interim maintenance at the first hearing, making it the fastest route to financial relief in family law disputes.
BNSS 144 vs Other Maintenance Provisions
| Provision | Forum | Who Can Claim | Against Whom | Nature |
|---|---|---|---|---|
| BNSS 144 (CrPC 125) | Family Court / Magistrate | Wife, children, elderly parents | Husband / son/daughter | Criminal remedy — fast, enforceable |
| HMA Section 24 | Family Court | Either spouse (during divorce) | Other spouse | Pendente lite — only during proceedings |
| HMA Section 25 | Family Court | Either spouse (post-decree) | Other spouse | Permanent alimony — one-time or monthly |
| DV Act Section 20 | Magistrate | Woman in domestic relationship | Husband + relatives | Monetary relief (broader — includes expenses, loss) |
| Hindu Adoptions & Maintenance Act | Civil Court | Wife, children, dependents | Hindu husband/father | Civil remedy — slower |
Strategy: File BNSS 144 for SPEED (60-day target) + DV Act Section 20 simultaneously for BROADER relief (includes medical, rent, stridhan). The two are complementary, not exclusive. Rajnesh v. Neha (2021 SC) confirmed both can run in parallel.
Who Can Claim Maintenance Under BNSS 144
Wife
- Must be unable to maintain herself — no independent income sufficient for dignified living
- Includes divorced wife — until she remarries
- Includes wife living separately with "sufficient reason" (cruelty, desertion, adultery by husband)
- Does NOT include wife living in adultery
Children (Legitimate or Illegitimate)
- Minor children — until age 18
- Major children — if unable to maintain themselves due to physical/mental abnormality or infirmity
- Unmarried daughter — until marriage (some HCs extend beyond 18 even without disability)
Elderly Parents
- Father or mother unable to maintain themselves
- Can claim from son or daughter who has sufficient means
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides additional remedy — Maintenance Tribunal can order up to Rs 10,000/month
Quantum: How Courts Calculate Maintenance
The Rajnesh v. Neha Framework (2021 SC)
The Supreme Court in Rajnesh v. Neha (2021) laid down comprehensive guidelines:
Both parties must file affidavits of income and assets disclosing:
- 2All sources of income (salary, business, rental, investments, freelance)
- 4All assets (immovable property, bank balances, FDs, shares, vehicles)
- 6All liabilities (loans, EMIs, dependents)
- 8Monthly expenditure (household, children's education, medical)
General Judicial Norms
| Claimant | Typical Range | Basis |
|---|---|---|
| Wife alone | 20-25% of husband's net income | If wife has no income |
| Wife + 1 child | 30-33% | Combined |
| Wife + 2 children | 33-40% | Combined |
| Each child separately | 10-15% per child | If custody is with wife |
| Elderly parent | 10-15% per parent | Based on son/daughter's income |
These are guidelines, not rules. Courts consider: (a) standard of living during marriage, (b) husband's actual income vs declared income, (c) wife's earning capacity, (d) children's educational needs, (e) medical requirements.
Exposing Hidden Income
The biggest challenge in maintenance cases — husbands routinely understate income:
Evidence to produce:
- Bank statements (all accounts — demand discovery if needed)
- IT returns (3 years — court can direct production)
- Lifestyle indicators — car (EMI), house (rent/EMI), foreign travel (passport stamps), social media posts showing expensive lifestyle
- Company financials — if husband runs a business, demand balance sheet + P&L
- Property records — sub-registrar search showing properties in husband's or family's name
- Credit card statements — monthly spending patterns
Courtroom argument: "My Lord, the respondent declares income of Rs 50,000/month in his affidavit. However, his bank statement (Annexure P-7) shows monthly credits averaging Rs 2,80,000. He owns a BMW X3 (EMI Rs 45,000/month — Annexure P-9). His Instagram shows foreign vacations twice a year (screenshots at Annexure P-11). The declared income is a fiction."
Interim Maintenance: The Speed Weapon
Section 144(5) BNSS — Interim Maintenance
The Magistrate can grant interim maintenance at the very first hearing if satisfied that:
- A prima facie case for maintenance exists
- The applicant is unable to maintain herself/himself
- The respondent has sufficient means
Timeline: Courts should grant interim maintenance within 60 days of filing. Rajnesh v. Neha directed that interim maintenance should be awarded at the first hearing itself if prima facie case is made out.
This is the most powerful feature of BNSS 144. While divorce takes years, interim maintenance gives the wife money within weeks. The amount is adjusted later when the final order is passed.
Procedure: Step by Step
| Step | Timeline | Action |
|---|---|---|
| 1 | Day 0 | File application under BNSS 144 before Family Court / Magistrate |
| 2 | 7-14 days | Court issues notice to respondent |
| 3 | 30-45 days | Respondent files reply + income affidavit |
| 4 | 45-60 days | Interim maintenance order (if prima facie case exists) |
| 5 | 3-6 months | Evidence — both sides |
| 6 | 6-12 months | Final maintenance order |
| 7 | Ongoing | Monthly payment — enforceable as Magistrate's order |
Filing Jurisdiction
Application can be filed at:
- Where the wife/claimant resides (most convenient)
- Where the husband/respondent resides
- Where the couple last resided together
Post-Rajnesh v. Neha: Wife can file at HER place of residence — she does not need to travel to the husband's city. This is a significant pro-claimant provision.
Enforcement: When the Husband Does Not Pay
If the husband does not comply with the maintenance order:
Criminal Remedy (Section 144 BNSS)
The Magistrate can issue a warrant for levy — attaching the respondent's property and selling it to recover arrears. If property attachment fails → imprisonment up to 1 month for each month's default.
Procedure: File an execution application before the same Magistrate. No fresh suit needed.
Civil Remedy
File an execution petition before the Family Court / Civil Court — attach bank accounts, salary (direction to employer for direct deduction), immovable property.
The nuclear option: If the husband is employed — seek a court direction to the EMPLOYER to deduct maintenance from salary and pay directly to the wife. This is devastatingly effective — the employer complies to avoid contempt.
Husband's Defence Strategies
| Defence | When It Works |
|---|---|
| Wife has independent income | Show wife's income (salary slips, IT returns, bank statements) — maintenance reduced proportionally |
| Wife is employed and earning sufficiently | If wife's income meets the standard of living — maintenance may be denied |
| Wife living in adultery | If proved — maintenance to wife (not children) can be denied |
| Financial hardship | Show genuine inability — debts, medical expenses, other dependents. But courts scrutinise heavily |
| Wife left without sufficient reason | If wife voluntarily left without provable reason (no cruelty, no adultery by husband) |
| Inflated claim | Challenge the wife's expenditure claims with comparable market data |
Warning for husbands: "I cannot afford it" is the weakest defence if your lifestyle contradicts it. Courts look at spending patterns, not declared income. A man driving a BMW while claiming he cannot pay Rs 30,000/month maintenance will lose credibility instantly.
Elderly Parent Maintenance
Under BNSS 144 AND the Maintenance and Welfare of Parents and Senior Citizens Act 2007:
| Feature | BNSS 144 | Senior Citizens Act 2007 |
|---|---|---|
| Forum | Magistrate / Family Court | Maintenance Tribunal (District Magistrate) |
| Maximum amount | No cap — court decides | Rs 10,000/month |
| Against whom | Son or daughter with sufficient means | Children or heirs in possession of parent's property |
| Timeline | 3-6 months | 90 days (statutory target) |
| Enforcement | Warrant + imprisonment | Fine up to Rs 10,000 + imprisonment up to 3 months |
Both can be filed simultaneously — BNSS 144 for maintenance from earning children + Senior Citizens Act for property-related claims and faster interim relief.
Landmark Judgments
| Case | Year | Ratio | When to Cite |
|---|---|---|---|
| Rajnesh v. Neha | 2021 SC | Comprehensive guidelines: income affidavit mandatory, interim at first hearing, overlapping claims adjusted, wife can file at her residence | Every maintenance case |
| Chaturbhuj v. Sita Bai | 1999 SC | "Sufficient reason" for wife to live separately includes cruelty, desertion, and husband taking second wife | When husband argues wife left voluntarily |
| Shamima Farooqui v. Shahid Khan | 2015 SC | Maintenance must ensure wife lives with dignity matching marital standard | Quantum arguments |
| Badshah v. Urmila Badshah Godse | 2014 SC | Even a woman in a void marriage (bigamous) entitled to maintenance under BNSS 144 | Second wife claims |
| Nanak Chand v. Chandra Kishore | 1970 SC | Father liable to maintain children regardless of custody arrangements | Child support disputes |
Frequently Asked Questions
Can a working wife claim maintenance?
Yes — if her income is insufficient to maintain the standard of living she enjoyed during the marriage. Courts do not deny maintenance merely because the wife is employed — they assess the gap between her income and the marital standard. A wife earning Rs 25,000/month married to a husband earning Rs 2,00,000/month can claim the difference.
Can maintenance be claimed for adult children?
Under BNSS 144 — only for minor children (below 18) or adult children unable to maintain themselves due to physical/mental abnormality. Several High Courts have interpreted "unable to maintain" broadly to include adult children in education. Under HMA Section 26 — maintenance for children has no strict age bar if the child is unable to maintain themselves.
What if the husband is unemployed?
Courts examine whether the unemployment is genuine or strategic. If the husband has employable skills, education, and work history — courts may impute income at the level he should be earning. Maintenance may be reduced or suspended only if genuine unemployment with no assets is established.
Can maintenance arrears be recovered?
Yes — maintenance arrears are recoverable as if they were fines imposed by the Magistrate. The court can attach and sell the respondent's property, direct salary deduction through the employer, or commit the respondent to imprisonment for up to 1 month per month of default.
Does divorce end maintenance obligation?
For the wife — no. Maintenance under BNSS 144 continues for a divorced wife until she remarries. Permanent alimony under HMA Section 25 can be awarded as a lump sum at the time of divorce. For children — maintenance obligation continues regardless of divorce until the child reaches majority or becomes self-supporting. Verify this analysis using NyayaVeda AI's source-verified research platform.
Quick Reference Card
⚖️ MAINTENANCE BNSS 144 — PRACTITIONER'S QUICK REFERENCE
PROVISION: BNSS Section 144 (was CrPC 125) FORUM: Family Court / Magistrate WHO CAN CLAIM: Wife, children (minor), elderly parents
QUANTUM NORMS: Wife alone: 20-25% | Wife + 1 child: 30-33% | Wife + 2: 33-40%
INTERIM: At first hearing itself (Rajnesh v Neha 2021) JURISDICTION: Wife can file at HER residence
ENFORCEMENT:
- Property attachment + sale
- Salary deduction (direction to employer)
- Imprisonment: up to 1 month per month of default
PARALLEL REMEDIES: BNSS 144 + DV Act S.20 + HMA S.24 (all simultaneously)
KEY CASE: Rajnesh v Neha (2021 SC) — the master framework
Research Maintenance Precedents Instantly with NyayaVeda AI
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Disclaimer: This article is for informational and educational purposes only. It does not constitute legal advice. For specific legal matters, consult a qualified advocate registered with the Bar Council of India.
Last Updated: August 2026 | Author: NyayaVeda Legal Research Team
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Disclaimer: This article is for informational and educational purposes only. It does not constitute legal advice. For specific legal matters, consult a qualified advocate registered with the Bar Council of India. NyayaVeda AI is an AI-powered research tool, not a law firm, and does not establish any advocate-client relationship.