Order for maintenance of wives, children and parents.
What this section does
A First Class Magistrate may order a person with sufficient means who neglects or refuses to maintain his wife, legitimate or illegitimate child, or father or mother (all unable to maintain themselves) to pay a monthly maintenance allowance. An interim maintenance order may also be made during pendency of proceedings, to be disposed of within sixty days of service of notice. Failure to comply with the order without sufficient cause may result in a warrant for levying the amount and imprisonment up to one month.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Magistrate of the first class · Wife · Child · Father · Mother
- Time limit
- Application for interim maintenance shall be disposed of within sixty days from date of service of notice; warrant for recovery must be applied for within one year from the date the amount became due; imprisonment for non-compliance may extend to one month
Practitioner note
The Supreme Court in Rajnesh v. Neha (2021) 2 SCC 324 laid down comprehensive guidelines on overlapping maintenance claims, affidavit of assets, and criteria for quantum, which continue to govern proceedings under this provision.
- CRPC Section 125 — Order for maintenance
Read the official text
For the binding statutory text of BNSS Section 144, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 144 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.