Criminal Procedure · Family Maintenance
Maintenance Framework under Bharatiya Nagarik Suraksha Sanhita
Comparative analysis of maintenance provisions under Section 144 BNSS (former Section 125 CrPC) and mandatory disclosure of assets and liabilities affidavits.
This page summarizes the legal framework and judicial precedents for educational and informational purposes only. It does not state or imply that Advocate Sunil Kumar Upadhyay represented a party or was involved in the matter.
Statutory Transition: From Section 125 CrPC to Section 144 BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973. Section 144 of the BNSS incorporates the statutory remedy for maintenance of wives, children, and parents, previously codified under Section 125 of the CrPC.
The substantive foundation remains grounded in social justice: preventing vagrancy and destitution by compelling persons having sufficient means to maintain their dependents who are unable to maintain themselves.
Mandatory Asset & Liability Disclosure under Rajnesh v. Neha
A persistent challenge in maintenance adjudication has been financial concealment by earning spouses. In Rajnesh v. Neha (2021) 2 SCC 324, the Supreme Court laid down comprehensive guidelines mandating both parties to file detailed Affidavits of Assets and Liabilities.
Trial courts must assess actual earning capacity, lifestyle, income tax returns, bank statements, investments, and business shareholdings, curtailing delays in awarding realistic interim maintenance.
Interim Maintenance Timelines and Execution Powers
Under Section 144(2) of the BNSS, magistrates are expected to dispose of applications for interim maintenance within sixty days from the date of service of notice to the respondent.
Failure to comply with maintenance orders triggers severe enforcement measures under Section 144(3), including distress warrants for levy of fines, attachment of salary, attachment of movable/immovable assets, and detention in civil prison.
