Section 144 of BNSS : Section 144: Order for maintenance of wives, children and parents.
The Bharatiya Nagarik Suraksha Sanhita, 2023
Bare Act
- ARRANGEMENT OF SECTIONS
- CHAPTER X: ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
Maintenance of Dependents (1) If any person having sufficient means neglects or refuses to maintain: (a) his wife, unable to maintain herself; or (b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means: Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct: Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. Explanation: For the purposes of this Chapter, "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. (2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be. (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner ...
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Simplified Act
Maintenance of Dependents (1) If a person who has enough money does not take care of: (a) his wife, who cannot support herself; or (b) his legitimate or illegitimate child, whether married or not, who cannot support itself; or (c) his legitimate or illegitimate child (not a married daughter) who is an adult but cannot support itself due to physical or mental issues; or (d) his father or mother, who cannot support themselves, a Magistrate can, after confirming the neglect or refusal, order that person to pay a monthly allowance to support his wife, child, father, or mother, at an amount the Magistrate decides is fair: Provided that the Magistrate can order the father of a female child mentioned in clause (b) to pay the allow...
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 ...