Maintenance claims by a wife, child, or father or mother who is unable to support themselves are decided by a Magistrate under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces Section 125 of the Code of Criminal Procedure (CrPC), 1973, in India. The BNSS carries forward the same categories of claimants, the same grounds to refuse or cancel an order, and the same enforcement mechanism as the CrPC, including the 60-day target for deciding interim maintenance applications that the CrPC already carried.
The situation
A spouse, child, or elderly parent is not being maintained by a person who has the means to do so and neglects or refuses to provide support. The affected person wants a Magistrate to order a monthly allowance, and possibly interim support while the main application is pending, and later needs the order enforced if payments stop.
Old law vs new law at a glance
| Issue | Section 125-128 CrPC | Section 144-147 BNSS | What changed |
|---|---|---|---|
| Who can claim | Wife unable to maintain herself; legitimate/illegitimate minor child; major child unable to maintain itself due to abnormality/injury (not married daughter); father or mother | Same four categories, worded without "minor" in the child clause (b) as read in the text | Modified — clause (b) wording differs on this reading; see source note |
| Deciding authority | Magistrate of the first class | Magistrate of the first class | Identical |
| Interim maintenance | Provided by second/third proviso to s.125(1), inserted by Act 50 of 2001 (w.e.f. 24-9-2001) | Second and third proviso to s.144(1), same substantive text | Identical |
| 60-day disposal of interim maintenance application | Third proviso to s.125(1) | Third proviso to s.144(1) | Identical |
| Territorial jurisdiction for filing | s.126(1)(a)-(c): where he is, where he/wife resides, where he last resided with wife/mother of child | s.145(1)(a)-(d): same three grounds plus (d) where his father or mother resides | Expanded — new fourth ground added for parent-maintenance claims |
| Ex parte hearing for wilful non-appearance | s.126(2) proviso | s.145(2) proviso | Identical |
| Grounds to deny/cancel wife's maintenance | s.125(4)-(5): adultery, refusal to live with husband without sufficient reason, mutual-consent separation | s.144(4)-(5): same three grounds, same wording | Identical |
| Alteration of allowance on changed circumstances | s.127(1) | s.146(1) | Identical |
| Cancellation on remarriage, receipt of divorce settlement sum, or voluntary surrender of maintenance rights | s.127(3)(a)-(c) | s.146(3)(a)-(c) | Identical |
| Enforcement of a maintenance order | s.128 | s.147 | Identical |
| Non-payment consequence | Warrant to levy as a fine; imprisonment which may extend to one month or until payment if sooner made; levy application within one year of the amount falling due | Same, s.144(3) | Identical |
What the law requires now, step by step
Step 1 — Establish neglect or refusal to maintain
Section 144(1) BNSS requires that "any person having sufficient means neglects or refuses to maintain" one of the four listed categories of claimant. A Magistrate of the first class may, "upon proof of such neglect or refusal, order such person to make a monthly allowance."
Step 2 — File in a district where jurisdiction lies
Section 145(1) BNSS lists four permissible districts for filing:
"(a) where he is; or (b) where he or his wife resides; or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or (d) where his father or mother resides."
Ground (d) — filing where the respondent's father or mother resides — is not present in Section 126(1) CrPC, which lists only grounds (a)-(c) in the text read. This is a direct textual addition relevant to a parent's own maintenance claim against a child.
Step 3 — Seek interim maintenance while the main application is pending
The second proviso to Section 144(1) BNSS allows the Magistrate, "during the pendency of the proceeding," to order "a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding." The third proviso adds a disposal timeline:
"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"
Step 4 — Evidence is taken in the respondent's presence, or ex parte on wilful default
Section 145(2) BNSS requires evidence to be taken "in the presence of the person against whom an order for payment of maintenance is proposed to be made," or their advocate if personal attendance is dispensed with. Where the Magistrate is satisfied the respondent is "wilfully avoiding service, or wilfully neglecting to attend the Court," the proviso allows the case to be heard and determined ex parte, with any such order settable aside "on an application made within three months from the date thereof."
Step 5 — Enforce the order if payments stop
Section 144(3) BNSS allows the Magistrate, on failure to comply "without sufficient cause," to "issue a warrant for levying the amount due in the manner provided for levying fines" and to sentence the defaulter to imprisonment "for a term which may extend to one month or until payment if sooner made" "for the whole or any part of each month's allowance... remaining unpaid." A proviso caps this: no warrant may issue "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." Section 147 BNSS separately requires a free copy of the maintenance order to be given to the person in whose favour it is made, and allows any Magistrate in the place the respondent is found to enforce it on being satisfied of the parties' identity and the non-payment.
What changed — and what did not
- Identical: The four categories of eligible claimants (wife, child, major child with disability, parent — subject to the clause (b) wording flagged below), the interim-maintenance mechanism and its 60-day disposal target, the grounds for denying or cancelling a wife's maintenance, the alteration-of-allowance procedure, the cancellation grounds on remarriage or settlement, and the enforcement-by-warrant mechanism are word-for-word or near-identical between Section 125-128 CrPC and Section 144-147 BNSS on this reading.
- Expanded: Section 145(1)(d) BNSS adds a fourth territorial ground for filing — where the respondent's father or mother resides — not present in Section 126(1) CrPC as read.
- Modified (flagged, not asserted): Section 144(1)(b) BNSS reads "his legitimate or illegitimate child, whether married or not, unable to maintain itself," without the word "minor" that qualifies the equivalent clause in Section 125(1)(b) CrPC ("legitimate or illegitimate minor child"). Section 144 BNSS also does not carry forward the Explanation in Section 125 CrPC defining "minor" by reference to the Indian Majority Act 1875. This guide states the wording exactly as read in each file and does not draw a conclusion about its legal effect, consistent with the rule against filling gaps with interpretation.
- Modified wording (flagged, not asserted): The first proviso to Section 144(1) BNSS (order on the father of a female child referred to in clause (b) until she attains her majority, if her husband lacks sufficient means) reads "a female child" and "such female child", where the first proviso to Section 125(1) CrPC reads "a minor female child" and "such minor female child". The rest of the proviso is in the same words.
Which law applies to your case
If your maintenance application, or an appeal in it, was already pending immediately before 1 July 2024, Section 531(2)(a) BNSS states it continues to be disposed of under the CrPC "as if this Sanhita had not come into force." Because that saving covers only what was pending, a fresh application filed on or after 1 July 2024 falls under Section 144-147 BNSS — a reading of Section 531(2)(a), not an express statement in it. See Offence Before 1 July 2024: Which Law Applies for the full transition rule; this guide does not go beyond what that rule states.
Practical checklist
For the person seeking maintenance:
- Identify which of the four categories in Section 144(1) BNSS you fall under, and gather proof of the respondent's "sufficient means" and the neglect or refusal to maintain.
- If you need support while the case is pending, apply for interim maintenance under the second proviso to Section 144(1) — the third proviso targets disposal within 60 days of service of notice.
- Check the four filing-jurisdiction options under Section 145(1) BNSS, including the parent-residence ground added in clause (d).
For the advocate:
- Where the client is a father or mother claiming maintenance from a child, plead jurisdiction under Section 145(1)(d) BNSS if filing where the parent resides, rather than only where the respondent is.
- If the respondent is wilfully avoiding service, be ready to move for an ex parte hearing under the Section 145(2) BNSS proviso, and note the three-month window to set aside such an order for good cause.
- On enforcement, confirm the one-year limitation in the Section 144(3) BNSS proviso before applying to levy an unpaid amount.
Frequently asked questions
Which court can I approach for maintenance under the new law?
Section 144(1) BNSS, like Section 125(1) CrPC before it, allows "a Magistrate of the first class" to order maintenance on proof of neglect or refusal to maintain a wife, child, or father or mother. Section 145 BNSS (equivalent to Section 126 CrPC) allows the application to be filed in the district where the person is, where he or his wife resides, where he last resided with his wife or the mother of the child, or where his father or mother resides.
Is there a time limit for deciding interim maintenance applications now?
Yes. Section 144(1) BNSS, third proviso, states that an application for interim maintenance and expenses of proceeding "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." This 60-day disposal language is present in the BNSS text; the corresponding third proviso to Section 125(1) CrPC, inserted with the second proviso by Act 50 of 2001 (w.e.f. 24-9-2001), carries the same 60-day wording, so the timeline is not new.
Who can claim maintenance under Section 144 BNSS?
Section 144(1) BNSS lists the same four categories as Section 125(1) CrPC, except that clause (b) omits the word "minor" found in Section 125(1)(b) CrPC: a wife unable to maintain herself; a legitimate or illegitimate child, whether married or not, unable to maintain itself; a legitimate or illegitimate child who has attained majority and cannot maintain itself because of physical or mental abnormality or injury (excluding a married daughter); and a father or mother unable to maintain himself or herself.
What happens if the person ordered to pay maintenance does not pay?
Section 144(3) BNSS, like Section 125(3) CrPC, allows the Magistrate to issue a warrant to levy the unpaid amount as if it were a fine, and to sentence the person to imprisonment for a term which may extend to one month, or until payment if sooner made, for the unpaid portion — subject to the application to levy being made within one year of the amount falling due.
Can a wife lose her right to maintenance?
Yes, on the same grounds under both codes. Section 144(4) BNSS and Section 125(4) CrPC both state that a wife is not entitled to an allowance if she is living in adultery, refuses without sufficient reason to live with her husband, or the parties are living separately by mutual consent. Section 144(5) BNSS requires the Magistrate to cancel an existing order on proof of any of the same three grounds, which Section 125(5) CrPC also lists.
Related on Veritect
- CrPC to BNSS: Complete Section Mapping
- Offence Before 1 July 2024: Which Law Applies
- "Section 144" Orders Under the New Law: CrPC 144 vs BNSS 163
- Getting a Seized Vehicle or Property Back: CrPC 451-459 vs BNSS 497-505
- Section 125 CrPC vs Section 144 BNSS — Maintenance of Wives, Children and Parents (CrPC 125-128)
- Sections 106–110 CrPC vs Sections 125–129 BNSS — Security for Keeping the Peace and for Good Behaviour
Statutory sources
- Code of Criminal Procedure, 1973 — Sections 125, 126, 127, 128
- Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 144, 145, 146, 147
This guide explains the statutory text of the BNS, BNSS and BSA as enacted. It is not legal advice; for a specific case, consult an advocate.