By Harsh Singh Dahiya, Advocate, Supreme Court of India | Partner, Sterling & Partners

The right to claim maintenance is one of the most practically significant protections in Indian family law. With the transition from CrPC to the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), Section 125 CrPC is now Section 144 BNSS — but the core rights of spouses, children, and parents remain intact.

Who Can Claim Maintenance Under Section 144 BNSS?

The following persons can claim maintenance: (i) a wife unable to maintain herself; (ii) legitimate or illegitimate minor children unable to maintain themselves; (iii) legitimate or illegitimate major children who are physically or mentally abnormal; and (iv) parents unable to maintain themselves.

The Definition of “Wife”: Including Divorced Women

Under a well-established line of Supreme Court authority, a divorced Muslim woman may claim maintenance under Section 144 BNSS until she remarries or receives mahr/maintenance as required by Muslim law. The Supreme Court in Mohd. Abdul Samad v. State of Telangana (2024) confirmed that divorced Muslim women retain the right to claim maintenance under the secular criminal law provision.

Quantum of Maintenance: What Courts Consider

Courts determine the quantum of maintenance based on: the income and assets of the respondent, the reasonable needs of the claimant, the standard of living during the marriage, and any independent income or assets of the claimant. There is no statutory cap; courts have wide discretion.

Interim Maintenance and the 60-Day Timeline

The BNSS introduces a specific timeline: applications for interim maintenance must be disposed of within 60 days. This is a significant procedural improvement over the CrPC, which had no statutory time limit for interim maintenance orders.

Enforcement of Maintenance Orders

A person who fails to comply with a maintenance order may face imprisonment up to one month, or until payment, whichever is earlier. Execution proceedings can be filed in the court which passed the order.

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Sterling & Partners advises clients on maintenance claims, family law proceedings, and matrimonial disputes before all courts across India.