Maintenance under Section 144 BNSS is a monthly allowance a Magistrate can order a person with sufficient means to pay to a wife, child or parent who cannot maintain themselves. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 125 CrPC from 1 July 2024. There is no upper limit on the amount. Courts decide it based on income, needs and the family’s standard of living.
Key Takeaways
- Section 144 BNSS is the new number for Section 125 CrPC. The law is almost the same, with one important change: the word “minor” has been dropped for children.
- A wife, a divorced wife who has not remarried, children and parents can claim.
- There is no fixed cap. Courts often use about 25% of the husband’s net income as a starting yardstick, not a rule.
- Interim maintenance applications should be decided, as far as possible, within 60 days of notice.
- Sections 144 to 147 BNSS (old Sections 125 to 128 CrPC) cover the claim, procedure, change of amount and recovery.
What Is Section 144 of the BNSS?
Section 144 of the BNSS is titled “Order for maintenance of wives, children and parents”. It lets a Magistrate of the first class order a person who has enough means, but neglects or refuses to support a dependent, to pay a monthly allowance.
It is a quick, summary remedy. The Supreme Court has said its purpose is to prevent dependents from falling into poverty and vagrancy, not to punish the person paying (Bhuwan Mohan Singh v. Meena, (2015) 6 SCC 353).
Do not confuse it with old Section 144 CrPC. Old Section 144 CrPC dealt with prohibitory orders (curfew-type orders). That power is now in Section 163 BNSS. Maintenance moved from Section 125 CrPC to Section 144 BNSS.
Section 125 CrPC vs Section 144 BNSS: What Changed?
The BNSS carried the maintenance law over almost word for word. The main difference is in how children are covered.
| Point | Section 125 CrPC (old) | Section 144 BNSS (new) |
|---|---|---|
| In force | Till 30 June 2024 | From 1 July 2024 |
| Child under clause (1)(b) | “Minor child”, legitimate or illegitimate | “Child”, legitimate or illegitimate, whether married or not, unable to maintain itself (word “minor” removed) |
| Father’s duty for a married daughter | “Minor female child” whose husband lacks means | “Female child” until she attains majority, if her husband lacks means |
| Definition of “minor” | Explanation (a) linked it to the Indian Majority Act, 1875 | Removed. Explanation now only defines “wife” |
| Interim maintenance and 60-day timeline | Yes (added in 2001) | Yes, retained |
| Upper limit on amount | None (₹500 cap removed in 2001) | None |
| Grounds to deny a wife | Adultery, refusal to live with husband without sufficient reason, living apart by mutual consent | Same |
Why the “minor” change matters: Legal commentators, including a LiveLaw analysis of the BNSS text, read this as opening the door for adult children who still cannot support themselves, for example a student, to claim. Courts have not yet settled this fully, so expect arguments on both sides.
Key Provisions of Section 144 BNSS
| Sub-section | What it says (in simple words) |
|---|---|
| 144(1) | Who can claim: wife, child, adult child with physical or mental abnormality or injury, father or mother. The other person must have sufficient means and must have neglected or refused to maintain them. |
| Provisos to 144(1) | Magistrate can grant interim maintenance and case expenses during the case. That application should be decided within 60 days of notice, as far as possible. |
| Explanation | “Wife” includes a woman who is divorced, or has obtained a divorce, and has not remarried. |
| 144(2) | Maintenance is payable from the date of the order or, if the court says so, from the date of the application. |
| 144(3) | If the person fails to pay without sufficient cause, the court can issue a warrant to recover the amount and jail them for up to one month for each month’s unpaid amount. The recovery application must be filed within one year of the amount falling due. |
| 144(4) | A wife is not entitled if she lives in adultery, refuses to live with her husband without sufficient reason, or they live separately by mutual consent. |
| 144(5) | The court can cancel the order if any ground in 144(4) is proved. |
Who Can Claim Maintenance Under Section 144 BNSS?
Four groups can file a claim. In every case, the claimant must show they cannot maintain themselves and the other person has sufficient means.
| Who can claim | Against whom | Main condition |
|---|---|---|
| Wife (including a divorced wife who has not remarried) | Husband | Unable to maintain herself at the standard she had in the marriage |
| Child (legitimate or illegitimate, married or not) | Father | Child is unable to maintain itself |
| Adult child (not a married daughter) | Father | Unable to maintain itself because of physical or mental abnormality or injury |
| Father or mother | Son or daughter | Parent is unable to maintain himself or herself |
Wife
“Unable to maintain herself” does not mean she must be completely without income. If a working wife earns much less than the lifestyle she had in her matrimonial home, she can still claim (Chaturbhuj v. Sita Bai, (2008) 2 SCC 316).
A woman in a long live-in relationship may also claim, because courts can presume a marriage from long cohabitation (Chanmuniya v. Virendra Kumar Singh Kushwaha, (2011) 1 SCC 141).
Muslim women
A divorced Muslim woman can claim under this provision. In Mohd. Abdul Samad v. State of Telangana (2024 INSC 506, decided 10 July 2024), the Supreme Court held that the Muslim Women (Protection of Rights on Divorce) Act, 1986 does not take away this right. She can use either law or both.
Parents
Parents can claim against a son or a daughter. A married daughter with her own means can also be ordered to support a parent (Dr. Vijaya Manohar Arbat v. Kashirao Rajaram Sawai, (1987) 2 SCC 278).
When a wife can be denied maintenance
- She is living in adultery (a one-time lapse is usually not enough; courts look for a continuing relationship).
- She refuses to live with her husband without sufficient reason.
- They live separately by mutual consent.
If the husband has remarried or keeps another woman, the wife has a valid reason to live separately and does not lose her claim.
How Much Maintenance Can Be Claimed Under Section 144 BNSS?
There is no fixed amount and no upper limit. The Magistrate fixes a “monthly allowance” at a rate the court thinks fit. The Supreme Court laid down the factors in Rajnesh v. Neha, (2021) 2 SCC 324, decided on 4 November 2020.
Factors courts consider
- Status and standard of living of both parties during the marriage
- Reasonable needs of the wife and children, including school fees and medical costs
- Income, property and earning capacity of both sides
- Genuine liabilities of the husband, such as dependent parents
- Age and employment of the wife, and any career break due to family duties
- Maintenance already being received under another law, so there is no double payment
The 25% yardstick
In Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017), the Supreme Court treated about 25% of the husband’s net salary as a just amount on those facts. Courts often use this as a starting point, then adjust up or down.
Illustrative example (not a formula)
| Detail | Amount |
|---|---|
| Husband’s take-home salary | ₹80,000 per month |
| Wife’s income | Nil |
| One school-going child | Fees about ₹6,000 per month |
| 25% yardstick for the wife | About ₹20,000 |
| Possible range after adding the child’s needs | ₹24,000 to ₹30,000, depending on evidence |
This is only a teaching example. Your actual amount depends on the documents and the court’s assessment.
Loan EMIs cannot cut maintenance
In Deepa Joshi v. Gaurav Joshi (2026 INSC 370, decided 16 April 2026), the Supreme Court raised a wife’s maintenance from ₹15,000 to ₹25,000 per month. It held that EMIs paid to buy assets are voluntary investments and cannot reduce the duty to maintain a spouse (case report).
Maintenance Under BNSS Sections 144 to 147: The Full Scheme
Section 144 is one part of a four-section chapter. Here is a quick set of notes mapping the old Section 125 to 128 CrPC to the new BNSS sections.
| BNSS | Old CrPC | Subject | Key point |
|---|---|---|---|
| Section 144 | Section 125 | Order for maintenance | Who can claim, interim maintenance, grounds to deny |
| Section 145 | Section 126 | Procedure and jurisdiction | File where the respondent is, where either spouse resides, where they last lived together, or where the parent resides |
| Section 146 | Section 127 | Alteration of allowance | Amount can be increased, reduced or cancelled if circumstances change |
| Section 147 | Section 128 | Enforcement of order | Order can be enforced in any place where the person liable lives |
Where a Family Court exists, as in Navi Mumbai, it exercises this jurisdiction under Section 7 of the Family Courts Act, 1984.
Latest Judgments on Maintenance Under Section 144 BNSS (2024 to 2026)
| Case | Date | What the Supreme Court held |
|---|---|---|
| Himanshu Chordia v. State of Rajasthan | Reported 31 July 2026 | A husband’s plea that the wife is living in adultery must be decided on merits and cannot be deferred. Interim maintenance continues unless adultery is clear on record. Electronic evidence must meet legal standards. |
| Deepa Joshi v. Gaurav Joshi, 2026 INSC 370 | 16 April 2026 | EMIs for buying assets cannot reduce maintenance. Amount raised to ₹25,000 per month. |
| Mohd. Abdul Samad v. State of Telangana, 2024 INSC 506 | 10 July 2024 | Divorced Muslim women can claim maintenance under this secular provision. |
| Rajnesh v. Neha, (2021) 2 SCC 324 | 4 November 2020 | Both sides must file an Affidavit of Disclosure of Assets and Liabilities. Maintenance is ordinarily payable from the date of application. |
The Rajnesh v. Neha guidelines still govern how every maintenance case is run today, including cases under the BNSS.
How to File a Maintenance Application Under Section 144 BNSS
- Choose the right court. In Navi Mumbai, maintenance petitions are heard by the Family Court at Belapur. Under Section 145 BNSS, you can file where you live, where the respondent lives, or where you last lived together.
- Collect documents. See the checklist below.
- Draft the petition. State the relationship, neglect or refusal, your needs and the respondent’s income.
- File the Affidavit of Disclosure. This is mandatory under Rajnesh v. Neha.
- Apply for interim maintenance. File it with the main petition so support starts during the case.
- Serve notice. The court issues notice to the respondent. If they avoid service on purpose, the court can proceed ex parte.
- Attend counselling or mediation. Family Courts usually refer parties to counselling first.
- Evidence and final order. Both sides give evidence, and the court passes the final order.
- Enforce if unpaid. File a recovery application within one year of the unpaid amount falling due.
Documents checklist
- Marriage certificate, wedding photos or other proof of marriage
- Birth certificates of children
- Your income proof, or a statement that you have no income
- Any proof of the respondent’s income: salary slips, ITRs, business records, bank statements, property details
- Bills for rent, school fees and medical costs
- Messages, emails or complaints showing neglect or refusal
- Aadhaar or other ID and address proof
Format of Application for Maintenance Under Section 144 BNSS
Below is a basic structure. Courts may follow local practice, so get the final draft checked by an advocate.
BEFORE THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT AT BELAPUR, NAVI MUMBAI
Petition No. ____ of 20__
[Name of applicant], aged __, residing at __ … Applicant
Versus
[Name of respondent], aged __, residing at __ … Respondent
APPLICATION FOR MAINTENANCE UNDER SECTION 144 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
- Details of the parties and their relationship (date and place of marriage, children).
- Facts showing neglect or refusal to maintain, with dates.
- Applicant’s inability to maintain herself or himself, with monthly expenses.
- Respondent’s income, assets and lifestyle.
- Jurisdiction under Section 145 BNSS.
- Details of any other case between the parties (DV Act, divorce, Section 24 HMA).
- Prayer: (a) monthly maintenance of ₹____ for the applicant and ₹____ for each child from the date of application; (b) interim maintenance; (c) litigation costs; (d) any other relief.
Verification, place, date and signature of the applicant, followed by the advocate’s signature. Attach the Affidavit of Disclosure of Assets and Liabilities.
What the Data Shows: Family Court Pendency
Maintenance cases are filed in an already busy system. This is why the interim maintenance application matters so much.
| Metric (2023) | India | Maharashtra |
|---|---|---|
| Functional Family Courts | 812 | 51 |
| Cases pending at year end | 11,43,915 | 66,259 |
| Cases filed in the year | Not given in total | 38,830 |
| Cases disposed in the year | Not given in total | 40,399 |
| Average pending cases per court (our calculation) | About 1,409 | About 1,299 |
Source: Lok Sabha Starred Question No. 113, answered 9 February 2024. Averages calculated by us by dividing pending cases by functional courts.
Our analysis: Maharashtra disposed of about 104% of the cases filed in 2023, so its backlog fell slightly. Even so, each Family Court still carried roughly 1,300 pending cases. A final order can take time, and asking for interim maintenance on day one protects the family in the meantime.
Common Mistakes That Weaken a Maintenance Claim
- Hiding your own income. Courts treat incomplete disclosure seriously and may draw an adverse inference.
- Not asking for interim maintenance. This leaves you without support for months.
- No proof of the other side’s income. Even indirect proof such as lifestyle, vehicles or property helps.
- Missing the one-year limit for recovery. Arrears older than a year may not be recoverable through a warrant.
- Not disclosing other cases. Maintenance under the DV Act or HMA must be disclosed so amounts can be adjusted.
Frequently Asked Questions
What is section 144 of the BNSS?
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lets a Magistrate order a person with sufficient means to pay monthly maintenance to a wife, child or parent who cannot support themselves. It replaced Section 125 CrPC from 1 July 2024 and keeps almost the same rules, including interim maintenance.
Who can claim maintenance under section 144 of BNSS?
A wife (including a divorced wife who has not remarried), a legitimate or illegitimate child unable to maintain itself, an adult child with a physical or mental abnormality or injury, and a father or mother can claim. The person paying must have sufficient means and must have neglected or refused to provide support.
What is the latest judgement on maintenance under Section 144 of the BNSS?
In Deepa Joshi v. Gaurav Joshi (16 April 2026), the Supreme Court held that loan EMIs for buying assets cannot reduce maintenance and raised the amount to ₹25,000 a month. In Himanshu Chordia (reported July 2026), it ruled that an adultery defence must be decided on merits, not deferred.
What is the format for an application for maintenance under Section 144 of the BNSS?
The application names the court, parties, marriage and children details, facts of neglect, the applicant’s needs, the respondent’s income, jurisdiction under Section 145, and the prayer for monthly and interim maintenance. It must be verified and filed with an Affidavit of Disclosure of Assets and Liabilities.
Is maintenance under section 125 CrPC still valid after the BNSS?
Cases filed before 1 July 2024 continue under Section 125 CrPC. New cases are filed under Section 144 BNSS. Since the wording is nearly identical, earlier Supreme Court judgments on Section 125 CrPC are still followed when deciding Section 144 BNSS cases.
How much maintenance does a wife get under Section 144 BNSS?
There is no fixed amount or upper limit. Courts look at both parties’ income, the family’s standard of living and the needs of the wife and children. About 25% of the husband’s net income is often used as a starting yardstick, but the final figure depends on the evidence.
Can a working wife claim maintenance under Section 144 BNSS?
Yes, if her income is not enough to live at the standard she had in her marriage. The Supreme Court has held that “unable to maintain herself” does not mean she must be penniless. Her income is considered, and the amount may be reduced, but the claim is not automatically rejected.
How long does a maintenance case take in Navi Mumbai?
There is no fixed time for the final order. The law asks courts to decide interim maintenance within 60 days of notice, as far as possible. Final orders can take longer because Maharashtra’s Family Courts had over 66,000 pending cases at the end of 2023.
What happens if the husband does not pay maintenance?
The applicant can file a recovery application within one year of the amount falling due. The court can issue a warrant to recover the money like a fine, and can send the defaulter to jail for up to one month for each month of unpaid maintenance, or until payment.
How This Guide Was Prepared
This guide compares the text of Section 125 CrPC with Section 144 BNSS, reviews Supreme Court judgments from 1969 to 2026, and uses official Lok Sabha data on Family Court pendency. Case summaries were checked against published law reports. The illustrative example is a teaching example, not data from a real client matter.
About the Author
Adv. Pooja Agrawal is the founder of Adv. Pooja Agrawal & Associates in Seawood (E), Navi Mumbai. She holds a B.Com and an LLM from the University of Mumbai and has over 20 years of experience in litigation and legal advisory work, including family and matrimonial matters before the Family Court at Belapur. Read her full profile.
Need Help With a Maintenance Case in Navi Mumbai?
If you need to file for maintenance, respond to a claim, or recover unpaid amounts, our team can review your documents and explain your options. Learn more about our family and divorce law services in Navi Mumbai, see all our practice areas, or book a consultation. For criminal proceedings linked to matrimonial disputes, see our criminal lawyer services.
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Sources
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 (official text)
- LiveLaw: Maintenance Under BNSS, Omission of Word “Minor”
- SupremeToday: Deepa Joshi v. Gaurav Joshi (2026)
- Report on Himanshu Chordia v. State of Rajasthan (2026)
- SCC Online Blog: Maintenance of Major Children Under Section 144 BNSS
- Lok Sabha Starred Question No. 113 (9 February 2024): Family Court pendency
- Supreme Court of India: judgments
