Maintenance for wife and children under Section 144 BNSS (old Section 125 CrPC) in India — who can claim, where to file (s.145), interim maintenance in 60 days, affidavit of assets (Rajnesh v. Neha), arrears recovery and warrant (s.144(3)), change of amount (s.146), and how it fits with HMA, DV Act and Muslim law (2026)
Plain step-by-step map of the quick maintenance remedy in the criminal procedure code for a wife, children and parents, focused on spouse and child claims: who can claim and against whom; when a wife may not get it; which court and district; interim maintenance and litigation expenses; how courts decide the amount after Rajnesh v. Neha; recovering arrears when payments stop; changing or cancelling an order; and how this remedy sits with the Hindu Marriage Act, Hindu Adoptions and Maintenance Act, Domestic Violence Act and Muslim law. Educational only — not legal advice; amounts and outcomes are never predicted. Adhiwakta does not file cases.
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What Section 144 BNSS is
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 125 of the Code of Criminal Procedure from 1 July 2024, with almost the same words. It is a quick, summary remedy meant to prevent destitution and applies to people of every religion. The application goes to a Magistrate of the first class, or to the Family Court where one has been set up (Family Courts Act, 1984, Section 7(2)). Cases filed before 1 July 2024 continue under the old Code, and the older judgments on Section 125 still guide courts.
Who can claim — and from whom
A person ‘having sufficient means’ who neglects or refuses to maintain can be ordered to pay a monthly allowance to: (a) his wife who is unable to maintain herself — ‘wife’ includes a divorced woman who has not remarried; (b) his child, legitimate or illegitimate, married or not, who is unable to maintain itself; (c) his adult child (not a married daughter) who cannot maintain itself because of physical or mental abnormality or injury; and (d) his father or mother who cannot maintain themselves. For a minor married daughter whose husband lacks means, the father can be ordered to pay until she becomes a major. The section speaks of a ‘wife’, so a husband cannot claim under it; a husband may seek maintenance under Sections 24 and 25 of the Hindu Marriage Act where that Act applies. Parents’ claims are covered in the separate senior citizens guide.
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When a wife may not get maintenance under this section
Under Section 144(4), a wife is not entitled if she is living in adultery, if she refuses to live with her husband without sufficient reason, or if they live separately by mutual consent; an existing order can be cancelled on proof of these (Section 144(5)). If the husband offers to maintain her on condition that she lives with him, the Magistrate can still order maintenance if her reasons for refusing are just — his marrying another woman or keeping a mistress is treated as a just ground. ‘Unable to maintain herself’ does not mean she must be completely destitute (Chaturbhuj v. Sita Bai, 2008).
Where to file (Section 145)
The application can be filed in any district where the husband or father is; where he or his wife resides; where he last lived with his wife (or with the mother of an illegitimate child); or where his father or mother resides. Evidence is recorded in the respondent’s presence (or his advocate’s, if his attendance is excused) in the manner of a summons case. If the Magistrate is satisfied that he is wilfully avoiding service or not attending, the case can be decided ex parte; such an order can be set aside for good cause on an application within three months.
Interim maintenance and case expenses
While the case is pending, the Magistrate can order interim maintenance and reasonable expenses of the proceeding. The law says an interim application should, as far as possible, be decided within 60 days of service of notice. In Rajnesh v. Neha (2020) the Supreme Court directed that both sides file an affidavit disclosing their assets and liabilities in every maintenance case, in a set format — so collect your income, expense and property details early.
How the amount is decided
There is no upper limit in the law; the Magistrate fixes a monthly amount ‘as he thinks fit’. Under Rajnesh v. Neha, courts look at the status of the parties, the reasonable needs of the wife and children (including education and medical costs), the income, assets and liabilities of both sides, and the standard of living during the marriage. The allowance runs from the date of the order or, if the court so orders, from the date of the application — Rajnesh v. Neha said maintenance should be awarded from the date of application. Amounts vary widely from case to case; no one can promise a figure.
If payments stop — recovering arrears
If the person ordered to pay fails without sufficient cause, the Magistrate can issue a warrant to recover the amount in the way fines are recovered, and can sentence him to imprisonment of up to one month for each month’s unpaid allowance, or until he pays (Section 144(3)). Important: an application to recover any amount must be made within one year from the date it became due — do not let arrears pile up beyond a year. An order can be enforced by a Magistrate in any place where the person is, once identity and non-payment are shown (Section 147). Keep a record of every payment received.
Changing or ending an order
Either side can ask the Magistrate to increase or reduce the allowance on proof of a change in circumstances, such as a change in income or a child’s needs (Section 146). An order can also be changed or cancelled in line with a civil court decision, or in situations such as the wife’s remarriage. Orders of a Magistrate can be challenged in revision; for orders of a Family Court, a revision lies to the High Court (Family Courts Act, Section 19(4)).
Other maintenance laws — and avoiding double claims
Section 144 BNSS can run alongside other remedies: maintenance during a matrimonial case and permanent alimony under Sections 24 and 25 of the Hindu Marriage Act; claims of a Hindu wife, children and aged parents under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956 (which also covers an unmarried adult daughter); monetary relief under Section 20 of the Domestic Violence Act; and, for Muslim women, the 1986 Act together with Section 144 — the Supreme Court in Mohd. Abdul Samad v. State of Telangana (2024) held that divorced Muslim women can use this remedy. Rajnesh v. Neha requires a claimant to disclose earlier cases and orders, and courts adjust or set off amounts already awarded so that the same need is not paid twice.
Papers to keep ready
Proof of marriage; children’s birth certificates, school fee receipts and medical bills; your own income and monthly expenses; evidence of the other side’s income and assets (salary slips, tax returns, business records, property, vehicles, lifestyle); bank statements; messages or letters showing neglect or refusal to maintain; and copies of any earlier orders in other cases.
What this guide is not
It does not say whether you will get maintenance, how much, or how quickly. Family Court practice and forms differ between States and districts — check the local court’s rules and the latest judgments.
How Adhiwakta can help
We do not file maintenance, divorce or recovery applications, contact the other side, or take sides in family disputes. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- What is Section 144 BNSS?
- It is the maintenance provision of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 125 CrPC from 1 July 2024. A Magistrate (or Family Court) can order a person with sufficient means to pay monthly maintenance to a wife, children or parents he neglects.
- Can a husband claim maintenance under Section 144 BNSS?
- No — the section speaks of a ‘wife’. A husband may seek maintenance under Sections 24 and 25 of the Hindu Marriage Act where that Act applies.
- Where can a wife file a maintenance case?
- In any district where the husband is, where he or the wife resides, where they last lived together, or where his father or mother resides (Section 145 BNSS).
- How fast is interim maintenance decided?
- The law says an interim maintenance application should, as far as possible, be decided within 60 days of service of notice. Both sides must file an affidavit of assets and liabilities as directed in Rajnesh v. Neha (2020).
- What if the husband does not pay the maintenance ordered?
- Apply to the court for recovery. It can issue a warrant to recover the amount like a fine and order imprisonment of up to one month for each unpaid month (Section 144(3)). The recovery application must be filed within one year from when the amount became due.
- Can I claim maintenance under both the DV Act and Section 144 BNSS?
- Remedies can run together, but you must disclose earlier cases and orders, and the court adjusts or sets off amounts already awarded so the same need is not paid twice (Rajnesh v. Neha).
- Does Adhiwakta file maintenance cases?
- No. Adhiwakta does not file cases or contact anyone. Use Ask Adhiwakta or the AI helper for general educational guidance only.
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