Section 144 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Order For Maintenance Of Wives, Children And Parents.

1. Code

• Duty to Maintain:
  • If any person having sufficient means neglects or refuses to maintain: (a) His wife, who is unable to maintain herself, or
    (b) His legitimate or illegitimate minor child, whether married or not, who is unable to maintain itself, or
    (c) His legitimate or illegitimate child (not being a married daughter), who has attained majority but is unable to maintain itself due to any physical or mental abnormality or injury, or
    (d) His father or mother, who is unable to maintain themselves,
  • A Judicial Magistrate of the first class, upon proof of such neglect or refusal, may order the person to pay a monthly allowance for the maintenance of his wife, child, father, or mother, at a rate the Magistrate deems fit, and to pay it as directed.
  • Proviso 1: The Magistrate may order the father of a minor female child to pay such allowance until she attains majority if her husband (if married) does not have sufficient means.
  • Proviso 2: During the pendency of proceedings for maintenance, the Magistrate may order interim maintenance for the wife, child, father, or mother, and cover reasonable expenses for the proceeding.
  • Proviso 3: The application for interim maintenance and expenses should be resolved within sixty days from the service of notice of the application.

  Explanation:
  (a) Minor: A person who, under the Indian Majority Act, 1875, is deemed not to have attained majority.
  (b) Wife: Includes a woman who has been divorced by or obtained a divorce from her husband but has not remarried.

• Effective Date of Maintenance:
  • The allowance for maintenance or interim maintenance and expenses shall be payable from the date of the order, or, if ordered, from the date of the application.
• Failure to Comply with Maintenance Orders:
  • If a person ordered to pay maintenance fails to comply without sufficient cause, the Magistrate may issue a warrant to recover the due amount as provided for levying fines. The person may be sentenced to imprisonment for up to one month or until payment is made for each month’s unpaid allowance.
  • Proviso 1: No warrant shall be issued unless the application to recover the amount is made within one year of it becoming due.
  • Proviso 2: If the person offers to maintain his wife on the condition that she lives with him and she refuses, the Magistrate may consider her grounds for refusal. If justified, the Magistrate may still make an order for maintenance, even if the husband’s offer stands.

  Explanation: The husband has married another woman or keeps a mistress. Then it shall be considered just grounds for the wife’s refusal to live with him.

• Disqualification from Maintenance:
  • A wife is not entitled to receive maintenance if she is:
    • Living in adultery,
    • Refusing to live with her husband without sufficient reason,
    • Living separately from her husband by mutual consent.
• Cancellation of Maintenance Orders:
  • Upon proof that a wife who has been granted maintenance is living in adultery. It can also be refusing to live with her husband without sufficient reason. Additionally, if she is living separately by mutual consent, the Magistrate shall cancel the maintenance order.

2. Explanation: on Order For Maintenance Of Wives, Children And Parents

This section deals with the **maintenance of spouses and children.** It provides the legal framework for obtaining maintenance from a person who has sufficient means but neglects or refuses to maintain their dependents. This includes:

• Wife unable to maintain herself
• Legitimate or illegitimate minor child unable to maintain themselves
• Legitimate or illegitimate child (not a married daughter) who has attained majority and is unable to maintain themselves due to a physical or mental abnormality or injury
• Father or mother unable to maintain themselves

The Judicial Magistrate of the First Class can order the person to make a monthly allowance for the maintenance of their dependents at a rate determined by the Magistrate.

Key Provisions:

• The Magistrate can order interim maintenance during the pendency of the proceedings.
• The Magistrate can consider the husband’s offer to maintain his wife on the condition of her living with him. He may still order maintenance if there are just grounds for refusal.
• A wife is not entitled to maintenance if she is living in adultery. This can also be if she refuses to live with her husband without sufficient reason. It can also be reasons for when they are living separately by mutual consent.
• The Magistrate can cancel the order if the wife is living in adultery. It can be also if she refuses to live with her husband without sufficient reason. Order can also be cancelled if they are living separately by mutual consent.

3. Illustration

Imagine a situation where a husband has sufficient income. But, he refuses to provide financial support to his wife who is unable to work due to a disability. The wife can file an application under this section to seek maintenance from her husband. The Magistrate would hear the case, assess the husband’s means, and determine a suitable monthly allowance for the wife.

4. Common Questions and Answers: on Order For Maintenance Of Wives, Children And Parents

Q: Who can file an application under this section?

A: A wife, child, or parent who is unable to maintain themselves and whose spouse, child, or parent has sufficient means can file an application.

Q: What is the procedure for filing an application?

A: The application must be filed in the court of the Judicial Magistrate of the First Class. The applicant must provide evidence of their inability to maintain themselves and the respondent’s sufficient means.

Q: What happens if the respondent fails to comply with the order?

A: The Magistrate can issue a warrant for levying the amount due and may also sentence the respondent to imprisonment.