Section 144 of the Bharatiya Nagarik Suraksha Sanhita, which replaced Section 125 CrPC, allows a wife, a child, or a parent unable to maintain themselves to claim maintenance from a person with sufficient means who neglects them. It is available irrespective of religion, is filed before a Magistrate, and is the quickest route to a maintenance order.
Section 144 BNSS (formerly Section 125 CrPC) allows an order for maintenance where a person with sufficient means neglects or refuses to maintain:
It applies irrespective of religion, which is what makes it the most widely used maintenance remedy in the country.
| Remedy | Where filed | Available to | Character |
|---|---|---|---|
| BNSS 144 | Magistrate | Wife, children, parents | Summary, fastest |
| HMA s.24 | Family Court | Either spouse, during proceedings | Interim, within a pending case |
| HMA s.25 | Family Court | Either spouse | Permanent alimony on decree |
| PWDVA s.20 | Magistrate | Aggrieved woman | Along with protection orders |
| HAMA s.18 | Civil Court | Hindu wife | Substantive right, slower |
The Section 144 route is summary in nature and does not require a divorce petition to be pending. That is usually why it is chosen first.
There is no formula and no fixed percentage, whatever is sometimes said. The court weighs:
The Supreme Court’s decision in Rajnesh v. Neha (2020) changed the practical conduct of these cases considerably. It requires both parties to file a detailed affidavit of assets and liabilities, laid down criteria for determining quantum, and directed that maintenance ordinarily be payable from the date of the application rather than the date of the order. It also addressed the overlap between parallel proceedings, requiring each court to be told what has been awarded elsewhere and to adjust accordingly.
An order for interim maintenance can be made while the main application is pending. The proviso to Section 144 contemplates that such an application should ordinarily be disposed of within sixty days from the date of service of notice.
In practice, delay is the most common complaint in these matters, and pressing for interim relief early is usually the most useful thing that can be done.
Where an order is not complied with, the Magistrate may:
A limitation to note: a warrant for recovery must ordinarily be applied for within one year from the date the amount became due, so arrears should not be left to accumulate unaddressed.
The affidavit of assets and income required by Rajnesh v. Neha is now central. Preparing it carefully, with supporting documents, does more to determine the outcome than anything said at the hearing.
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, in force from 1 July 2024. The substance is carried over: a wife, child or parent unable to maintain themselves may claim from a person with sufficient means who neglects or refuses to maintain them. Proceedings begun under Section 125 continue under that provision.
Yes. The expression "wife" in this provision includes a woman who has been divorced and has not remarried. That has been settled law since Mohd. Ahmed Khan v. Shah Bano Begum, and the Supreme Court has reaffirmed that a divorced Muslim woman may also claim under this provision.
There is no fixed formula or percentage. The court looks at the husband's income and earning capacity, his other liabilities, the wife's own income if any, the standard of living during the marriage, and the number of dependants. The Supreme Court's guidelines in Rajnesh v. Neha require both parties to file affidavits of assets and income, which has made the exercise considerably more evidence-based.
Yes, and from more than one source. Interim maintenance may be sought under Section 24 of the Hindu Marriage Act during the proceedings, under Section 144 BNSS as a standalone claim, and under Section 20 of the Domestic Violence Act. These can run in parallel, though courts adjust the amounts to avoid duplication, as Rajnesh v. Neha directs.
The Magistrate may issue a warrant for recovery of the amount as a fine, and on continued default may sentence the defaulter to imprisonment for up to one month for each month's unpaid amount. Arrears can also be recovered by attachment of salary or property.