Section 144 of BNSS2 : Section 144: Order for maintenance of wives, children and parents.

The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023

  • 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 provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation: If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.

(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

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 allowance until she becomes an adult, if the Magistrate believes her husband (if she is married) does not have enough money:

Provided further that the Magistrate can, while the case for monthly allowance is ongoing, order the person to pay a temporary monthly allowance for the support of his wife, child, father, or mother, and cover the costs of the case, at an amount the Magistrate thinks is reasonable:

Provided also that an application for the temporary monthly allowance and case costs should be resolved within sixty days from the date the notice of the application is served to the person.

Explanation: For this Chapter, "wife" includes a woman who has been divorced by, or has divorced, her husband and has not remarried.

(2) Any allowance for support or temporary support and case costs must be paid from the date of the order, or if ordered, from the date of the application for support or temporary support and case costs.

(3) If the person ordered to pay does not comply without a good reason, the Magistrate can issue a warrant to collect the amount due like a fine, and can sentence the person to jail for up to one month or until the payment is made, whichever is sooner:

Provided that no warrant will be issued to collect any amount due under this section unless an application is made to the Court within one year from the date it became due:

Provided further that if the person offers to support his wife on the condition that she lives with him, and she refuses, the Magistrate can consider her reasons and still make an order if he believes her reasons are valid.

Explanation: If a husband marries another woman or keeps a mistress, it is considered a valid reason for his wife to refuse to live with him.

(4) A wife is not entitled to receive support or temporary support and case costs from her husband if she is living in adultery, or if she refuses to live with her husband without a good reason, or if they are living separately by mutual agreement.

(5) If it is proven that a wife who has been granted an order is living in adultery, or refuses to live with her husband without a good reason, or if they are living separately by mutual agreement, the Magistrate will cancel the order.

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.

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