Quick answer: Maintenance under Section 144 BNSS lets a wife, minor or disabled child, or parent who cannot maintain themselves claim monthly support from a person with sufficient means who neglects them. A Magistrate decides the claim, can grant interim maintenance, and has no statutory upper cap on the amount.
Maintenance under Section 144 BNSS is the most common route for a spouse, child or parent to seek monthly support in India. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 125 CrPC from 1 July 2024. The substance stays the same, so older case law still applies.
Who Can Claim Maintenance Under Section 144 BNSS
The law protects dependants who cannot support themselves. A claim lies against a person who has sufficient means but neglects or refuses to maintain:
- a wife who cannot maintain herself, including a divorced wife who has not remarried;
- a minor child, whether legitimate or not;
- an adult child (other than a married daughter) with a physical or mental disability;
- a father or mother who cannot maintain themselves.
Importantly, the remedy is secular. It applies whatever the religion of the parties.
When a Claim May Fail
Section 144(4) BNSS sets out three bars for a wife. She cannot claim if she lives in adultery. Likewise, she cannot claim if she refuses to live with her husband without sufficient reason. Finally, spouses who live apart by mutual consent fall outside the provision. However, a wife’s own income does not end the claim automatically.
How to File a Maintenance Petition: Step by Step
- Choose the court. Under Section 145 BNSS, you may approach the Magistrate (in Delhi, the Family Court) where the respondent lives, where you live, or where you last lived together.
- Draft the petition. Set out the relationship, the neglect, your needs and the respondent’s income.
- File the affidavit of disclosure. Both sides must disclose assets and liabilities in the format the Supreme Court prescribed.
- Seek interim maintenance. The court should decide this application within 60 days of notice, as far as possible.
- Lead evidence. Each side proves income and expenses.
- Obtain the final order. The court fixes a monthly amount, usually from the date of the application.
- Enforce it. If payments stop, the court can issue a warrant for arrears. You must apply within one year of the amount falling due.
How Courts Fix the Amount
No statutory ceiling applies. Instead, courts weigh several factors:
- the status and reasonable needs of the claimant and children;
- the income, assets and genuine liabilities of the respondent;
- the claimant’s own income or earning capacity;
- the cost of living and school expenses.
The aim is dignity for the claimant without crushing the payer.
Key Case Law on Maintenance
Rajnesh v. Neha (Supreme Court, 2020). The Court made the affidavit of disclosure mandatory in all maintenance cases. It also held that maintenance runs from the date of the application.
N. Usha Rani v. Moodudula Srinivas, 2025 INSC 129 (Supreme Court). A bench of Justices B.V. Nagarathna and Satish Chandra Sharma restored maintenance to a woman whose first marriage had ended by a separation agreement, not a decree. The Court called maintenance a legal and moral duty of the husband, not a favour.
Saurabh Katiyar v. State (Delhi High Court, 6 August 2025). Justice Arun Monga upheld interim maintenance of Rs 35,000 a month for a wife and son. Since the husband’s claimed expenses exceeded his declared income, the court inferred he had understated his earnings.
Deepa Joshi v. Gaurav Joshi, 2026 INSC 370 (Supreme Court). The Court held that a husband cannot cut maintenance by pointing to voluntary loan EMIs.
Practical Tips for Both Spouses
Claimants should keep bank statements, fee receipts and proof of the respondent’s lifestyle. Respondents should disclose income honestly, because courts punish concealment. If an order already exists but payments have stopped, read our guide on maintenance arrears recovery in India.
Frequently Asked Questions
Can a working wife claim maintenance under Section 144 BNSS?
Yes, if her income cannot sustain the standard of living she had in the marriage. Courts may refuse or reduce maintenance when she earns enough to support herself.
Is there a maximum limit on maintenance?
No. The 2001 amendment removed the old cap, and Section 144 BNSS sets none. The court decides a fair amount on the facts.
How long does a maintenance case take?
The court should decide interim maintenance within about 60 days of notice. The final order often takes one to two years, depending on the court’s workload.
Can parents claim maintenance from their children?
Yes. A father or mother who cannot maintain themselves can claim against a son or a daughter with sufficient means.
What happens if the husband does not pay?
The court can issue a warrant to recover arrears and can order imprisonment of up to one month for each month of default.
Lex Pleaders advises individuals and families on maintenance, divorce, custody and other matrimonial disputes before family courts across Delhi NCR. As a law firm in Delhi NCR, we act for both claimants and respondents. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.