Maintenance under Section 144 BNSS: Who Can Claim and How Much

12 September 2026 · 3 min read

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.

The provision

Section 144 BNSS (formerly Section 125 CrPC) allows an order for maintenance where a person with sufficient means neglects or refuses to maintain:

his wife, unable to maintain herself — including a divorced wife who has not remarried
his legitimate or illegitimate minor child, whether married or not
his legitimate or illegitimate child who has attained majority, where that child is by reason of physical or mental abnormality or injury unable to maintain itself
his father or mother, unable to maintain themselves

It applies irrespective of religion, which is what makes it the most widely used maintenance remedy in the country.

Why this route rather than another

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.

How the amount is fixed

There is no formula and no fixed percentage, whatever is sometimes said. The court weighs:

The income and earning capacity of the person liable, including capacity where he is deliberately under-employed
His other liabilities, including dependants and genuine loan obligations
The applicant’s own income, if any
The standard of living enjoyed during the marriage
The number of dependants and the needs of children, including education
Inflation and the passage of time since the order

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.

Interim maintenance

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.

Enforcement on default

Where an order is not complied with, the Magistrate may:

Issue a warrant for levying the amount in the manner provided for fines
On continued default, sentence the defaulter to imprisonment up to one month for each month’s unpaid amount
Direct attachment of salary or of property

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.

Documents to bring

Proof of marriage, and of the date of separation
Salary slips, income tax returns, bank statements of the person liable, so far as available
Details of the applicant’s own income, if any
Children’s school fee receipts and medical records
Rent receipts or proof of current living expenses
Any earlier maintenance order from any court

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.

Frequently asked questions

What replaced Section 125 CrPC?

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.

Can a divorced wife claim maintenance?

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.

How much maintenance is usually awarded?

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.

Can maintenance be claimed while a divorce case is pending?

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.

What happens if maintenance is not paid?

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.