INTRODUCTION
Maintenance refers to financial support for a person to sustain and avail basic
amenities of life like food, clothing, shelter, etc. There is no fixed amount for
maintenance. The court determines it after considering certain factors like the needs
of the dependent and the means of the person required to provide maintenance. It
may be paid every month or in a lump sum at once.
Section 3(b) of the Hindu Adoption and Maintenance Act, 1956 defines maintenance
as:In all cases, provision for food, clothing, residence, education medical attendance
and treatment,In the case of an unmarried daughter, also the reasonable expenses
of an incident to her marriage.
CONTENT
Section 144 of the Bharatiya Nagarik Suraksha Sanhita,
2023
BNSS is India’s primary legislation on the procedure for administering substantive
criminal law. Section 144 of BNSS (earlier Section 125 CrPC) deals with the order for
the maintenance of wives, children and parents irrespective of religion. The purpose
of this section is to safeguard people who depend on others for their maintenance
and cannot support themselves.
Section 144 of B.N.S.S / Section 125 CrPC provide that there are only 4 specific
kinds of people who can avail the remedy:
a. Wife
b. Legitimate or illegitimate child, whether married or not
c. Legitimate or illegitimate child who has attained majority (not a married
daughter) only if such child is by reason of physical or mental abnormality
or injury unable to maintain itself
d. Father or mother
Maintenance to Wife:
Section 144(1)(a) lays down the law for maintaining one’s wife. As per this section,
even an ex-wife is entitled to claim maintenance from her husband. However, there
are certain exceptions to the wife’s right to claim maintenance.
Maintenance of Children:
Section 144(1)(b) and (c) lays down the law for the maintenance of one’s children.
Maintenance of Parents:
This section also entitles both father and mother to claim maintenance from their
children. This provision is particularly significant for aged persons because most do
not have a source of income after retirement or after attaining a certain age.
Landmark cases on Section 125 CrPC (now Section 144
BNSS, 2023)
Two most landmark judgements related to Maintenance Under Section 125 CrPC
(now Section 144 BNSS, 2023) are:
Mohd. Ahmed Khan v. Shah Bano Begum[1]:
In this case, the Supreme Court recognised the right of Muslim women to
maintenance after the Iddat period since personal laws cannot supersede CrPC
(now BNSS), which is applied to all citizens regardless of their faith, and laid down
that a divorced Muslim woman who is not capable of maintaining herself is entitled to
maintenance from her former husband until she gets remarried.
Daniel Latifi v. Union of India[2]
The Supreme Court, while upholding the Act, ruled that reasonable and fair
provisions include provision for the future of the divorced wife (including
maintenance), and it does not confine itself to the iddat period only.
CONCLUSION
The provision has been formulated to ensure that people who cannot sustain
themselves live a dignified life with the support of the person they are dependent
upon. It is gender-neutral and secular and, unlike personal laws, includes not just
spouses but also children (even illegitimate children) and parents within its ambit.
REFERENCE
BOOKS
1. Ratanlal & Dhirajlal's The Bharatiya Nagarik Suraksha Sanhita, 2023.
(23rd ed. 2024). LexisNexis. ISBN: 9788197414237.
2. A Concise Textbook on Bharatiya Nagarik Suraksha Sanhita (BNSS).
(2023). Taxmann.
3. Law of Marriage, Maintenance, Separation and Divorce. (5th ed. 2017).
Universal Law Publishing. ISBN: 978-8131251447
ONLINE RESOURCES
1. BNSS that is to replace the CrPC explained with key highlights, SCC Online
(May 5, 2024),
https://www.scconline.com/blog/post/2024/05/05/bnss-that-is-to-replace-crpc-
explained-with-key-highlights/.
2. Provisions of CrPC and not BNSS will apply to a pending investigation prior to
1-7-2024: Bom HC, SCC Online (Aug. 7, 2024),
https://www.scconline.com/blog/post/2024/08/07/provisions-of-crpc-not-bnss-
will-apply-to-pending-investigation-prior-to-1-7-2024-bomhc/.
3. BNSS vs CrPC: CrPC to apply to pending trial/investigation registered before
Bharatiya Nagarik Suraksha Sanhita came into force: Rajasthan High Court,
SCC Online (July 18, 2024),
https://www.scconline.com/blog/post/2024/07/18/bnss-vs-crpc-crpc-to-apply-to
-pending-trial-investigation-registered-before-bharatiya-nagarik-suraksha-san
hita-came-into-force-rajasthan-high-court-scc-times/.
