INSIGHTS
Matrimonial law · Statutory framework
Maintenance Under BNSS Section 144: Understanding the Current Framework
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a procedural route for maintenance orders concerning wives, children and parents. The code took effect on 1 July 2024, making the section number and transition rules important when reading current and older records.
Maintenance under criminal procedure is a summary statutory remedy, distinct from the many other questions that can arise in a family dispute. The Bharatiya Nagarik Suraksha Sanhita (BNSS) came into force on 1 July 2024. Its maintenance provision is Section 144—not Section 125 of the former Code of Criminal Procedure, 1973 (CrPC).
Who does Section 144 address?
The section concerns a person with sufficient means who neglects or refuses to maintain a wife unable to maintain herself, a child who meets the statutory conditions, or a father or mother unable to maintain themselves. The statute sets out distinct conditions and exclusions for different applicants. Being within one of these categories does not by itself determine entitlement or the amount; the court considers the statutory requirements and the material before it.
Orders and interim support
Section 144 empowers a Magistrate of the first class to make a maintenance order where the statutory conditions are established. It also provides for interim maintenance and expenses during the proceeding. These provisions are intended to address support while a claim is considered, but an interim request is not an automatic award: the court must assess the application and relevant circumstances.
The process is fact-sensitive. Financial information, the applicant’s circumstances, the respondent’s means and relevant existing arrangements may all be important to presenting a clear record. The precise evidence and procedure depend on the case and the court.
Reading older proceedings after the change
Older judgments and court files commonly refer to CrPC Section 125. BNSS Section 144 is the provision to consult for the current code, but the change of number should not be used to assume that every earlier proceeding was automatically converted or that every procedural question is identical.
Section 531 of the BNSS contains savings rules for proceedings pending when the new code commenced. Whether a particular application continues under the former code or proceeds under the BNSS depends on its procedural status and the applicable transition provision. Where that distinction matters, the file and relevant dates should be checked rather than relying on the section number alone.
One route, not the whole family-law picture
Section 144 is not a final determination of every matrimonial or property issue between parties. Other statutes and proceedings may address different rights. Which route is appropriate, and how any existing order interacts with a new request, requires review of the actual facts and applicable law.
