Section 144 of BNSS : Section 144: Order for maintenance of wives, children and parents.

Explanation using Example

Example 1:

Scenario: Rajesh, a well-off businessman, has separated from his wife, Priya. Priya is not employed and has no means to support herself. Rajesh has also stopped providing financial support to their 10-year-old son, Aryan.

Application: Priya approaches the Magistrate of the first class and provides proof that Rajesh has sufficient means but is neglecting to maintain her and Aryan. The Magistrate, upon verifying the evidence, orders Rajesh to pay a monthly allowance to Priya for her and Aryan's maintenance.

Outcome: Rajesh is ordered to pay ₹20,000 per month to Priya for her and Aryan's maintenance. Additionally, during the pendency of the proceedings, the Magistrate orders Rajesh to pay an interim maintenance of ₹15,000 per month and covers the legal expenses incurred by Priya.

Example 2:

Scenario: Sunita, a 25-year-old woman with a physical disability, is unable to work and support herself. Her father, Ramesh, who has sufficient means, refuses to provide for her. Sunita is unmarried and dependent on her father.

Application: Sunita files an application with the Magistrate of the first class, presenting evidence of her disability and her father's refusal to support her. The Magistrate, after reviewing the evidence, orders Ramesh to pay a monthly allowance for Sunita's maintenance.

Outcome: Ramesh is ordered to pay ₹10,000 per month to Sunita for her maintenance. The Magistrate also directs Ramesh to pay an interim maintenance of ₹8,000 per month during the proceedings and covers Sunita's legal expenses.

Example 3:

Scenario: Anil, an elderly man, is unable to support himself due to his age and health issues. His son, Vikram, who is financially stable, refuses to take care of him.

Application: Anil approaches the Magistrate of the first class with proof of his inability to maintain himself and Vikram's neglect. The Magistrate, upon verifying the evidence, orders Vikram to pay a monthly allowance for Anil's maintenance.

Outcome: Vikram is ordered to pay ₹12,000 per month to Anil for his maintenance. Additionally, the Magistrate orders Vikram to pay an interim maintenance of ₹10,000 per month during the proceedings and covers Anil's legal expenses.

Example 4:

Scenario: Meera, a divorced woman, has not remarried and is unable to support herself. Her ex-husband, Suresh, who has sufficient means, refuses to provide any financial support.

Application: Meera files an application with the Magistrate of the first class, presenting evidence of her financial situation and Suresh's refusal to support her. The Magistrate, after reviewing the evidence, orders Suresh to pay a monthly allowance for Meera's maintenance.

Outcome: Suresh is ordered to pay ₹15,000 per month to Meera for her maintenance. The Magistrate also directs Suresh to pay an interim maintenance of ₹12,000 per month during the proceedings and covers Meera's legal expenses.

Example 5:

Scenario: Kavita, a married woman, refuses to live with her husband, Rohan, because he has contracted a second marriage. Rohan offers to maintain Kavita only if she lives with him, but she refuses.

Application: Kavita approaches the Magistrate of the first class, explaining her refusal to live with Rohan due to his second marriage. The Magistrate, considering the grounds of her refusal, orders Rohan to pay a monthly allowance for Kavita's maintenance.

Outcome: Rohan is ordered to pay ₹18,000 per month to Kavita for her maintenance. The Magistrate also directs Rohan to pay an interim maintenance of ₹14,000 per month during the proceedings and covers Kavita's legal expenses.