Introduction to Section 144 BNSS / Maintenance for Wives, Children, and Parents
BNSS Section 144 deals with the legal responsibility of a person to financially support his wife, children, or parents if they are unable to maintain themselves. This section allows a Magistrate to order monthly maintenance in case the person neglects or refuses to support them.
What is BNSS Section 144 ?
Section 144 of BNSS says that if a person has enough money but still refuses or neglects to support his wife, children, or parents (who cannot support themselves), then a Magistrate can order him to pay monthly money (called maintenance) for their living.
BNSS Section of 144 in Simple Points
- Duty of Maintenance:
- BNSS Section 144 ensures that a person who has sufficient means must provide financial support to their wife, child, or parents who are unable to maintain themselves. This law holds the individual accountable for neglecting or refusing to take care of their dependents.
- Applicable to Various Family Members:
- This section applies not just to wives but also to children (both legitimate and illegitimate) and parents. If these family members are unable to support themselves due to illness, disability, or other reasons, the person responsible for their care must provide financial help.
- Magistrate’s Authority:
- If a person fails to provide support, a Magistrate can step in and order the individual to pay a monthly allowance for the maintenance of the family member in need. The Magistrate decides the amount based on the situation and the person’s ability to pay.
- Interim Maintenance:
- While the legal process is ongoing, BNSS Section 144 allows the Magistrate to order interim maintenance, ensuring that the person in need receives support even before the final decision is made. This helps prevent financial hardship during the case.
- Enforcement of the Order:
- If a person refuses to comply with the maintenance order, the Magistrate can issue a warrant to enforce payment. If the person still does not pay, they may be sentenced to imprisonment until the payment is made.
Section 144 of BNSS Overview
This law helps protect wives, children, and parents who are financially dependent on someone (usually a man) who has money but refuses to take care of them.
- Wife: If she is unable to earn and the husband is not supporting her, she can go to court.
- Child: Even if the child is illegitimate or married, if they cannot earn or are mentally/physically ill, the father must support.
- Parents: If elderly parents can’t support themselves, their child must help them.
A First-Class Magistrate can order the man to pay monthly money to them. If he fails to pay, the court can issue a warrant, recover the amount like a fine, or even send him to jail for one month per default.
The law also gives power to the court to provide temporary maintenance while the case is ongoing.
The wife will not get maintenance if:
- She is living in adultery.
- She refuses to live with her husband without reason.
- They are living apart with mutual consent.
But if the husband has married someone else or keeps a mistress, that becomes a valid reason for the wife to refuse to live with him — and still get maintenance.
BNSS Section 144 – 10 Key Points
1. Financial Responsibility for Maintenance
BNSS Section 144 holds a person accountable for providing financial support to his wife, children, and parents, if they are unable to maintain themselves. If the person has sufficient means but refuses to fulfill this responsibility, the Magistrate can order monthly maintenance. This includes legitimate or illegitimate children, as well as parents who cannot provide for themselves. The intent of this provision is to protect the vulnerable, ensuring they receive financial support when required.
2. Eligibility of Wife for Maintenance
The wife, including a divorced woman who has not remarried, is entitled to maintenance under this section. The key factor is whether she is unable to support herself. A wife who has been abandoned or neglected by her husband, and who cannot sustain herself, can file for maintenance. The Magistrate will assess her need and order a reasonable monthly allowance. A wife living in adultery or voluntarily refusing to live with her husband is excluded from claiming maintenance.
3. Maintenance for Children
Children, whether legitimate or illegitimate, are entitled to maintenance under BNSS Section 144 if they cannot support themselves. This also extends to both married and unmarried children. For children who have attained the age of majority, the provision applies if they suffer from a physical or mental disability that prevents them from maintaining themselves. Parents can seek maintenance for their children, particularly when the child is incapable of financial independence due to disability.
4. Parental Maintenance
Parents who are unable to maintain themselves due to age or health reasons are also entitled to support under this section. The children or legal guardians are responsible for their parents’ maintenance if they are sufficiently capable of doing so. In the case of neglect or refusal to provide support, the Magistrate can step in to ensure the necessary financial help. This is meant to protect elderly and disabled parents who cannot fend for themselves.
5. Role of Magistrate in Maintenance Orders
The Magistrate plays a central role in BNSS Section 144. Upon evidence of neglect or refusal to maintain, the Magistrate can issue an order for monthly allowance for maintenance. The Magistrate decides the amount based on the financial status of the responsible person. The court has the authority to adjust the allowance amount over time and enforce compliance through warrants or imprisonment in case of non-payment.
6. Interim Maintenance During Court Proceedings
While a case for maintenance is ongoing, the Magistrate has the authority to order interim maintenance. This ensures that the person seeking maintenance is supported during the waiting period. The interim amount covers both maintenance and the expenses of the legal proceedings. This provision is designed to avoid financial hardship for the spouse or children while waiting for the final decision.
7. Imprisonment for Non-Compliance
If a person fails to pay the ordered maintenance, the Magistrate can issue a warrant for recovery of the amount. In case the payment is not made, the individual can face imprisonment for up to one month. This is a powerful measure to enforce compliance and ensure that the support order is respected. However, enforcement can only be made within one year from the date the payment was due.
8. Cancellation of Maintenance Order
If it is proven that the wife is living in adultery, refuses to live with her husband without sufficient cause, or both spouses are living separately by mutual consent, the Magistrate can cancel the maintenance order. This ensures that the law does not reward misconduct or voluntary separation. The burden of proof rests with the spouse or party who wishes to challenge the maintenance order.
9. Applicability to Both Married and Unmarried Children
BNSS Section 144 extends to both legitimate and illegitimate children, whether married or unmarried, as long as they are unable to maintain themselves. For children over 18 years of age, the provision applies if they have any physical or mental disability that hinders their ability to support themselves. This ensures that even adult children, who have disabilities, are entitled to financial support if they cannot earn their livelihood.
10. Role of “Just Grounds” for Refusal to Live Together
The provision also considers “just grounds” for refusing to live with a husband. For example, if a husband has contracted another marriage or maintains an extra-marital relationship, it is considered a valid reason for a wife to refuse to live with him. In such cases, the Magistrate can still order maintenance despite the wife’s refusal to live with the husband. This clause ensures that the woman’s right to maintenance is not compromised by a husband’s wrongdoing.
Examples:
- Case 1 – For Wife:
Ramesh has a good salary but refuses to support his wife after a fight. She can file an application in court under BNSS 144 for monthly support. - Case 2 – For Parent:
An old mother who is not working and is neglected by her son can approach the Magistrate for maintenance.
Section 144 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Maintenance Responsibility | A person must support his wife, children, or parents who are unable to support themselves due to financial incapacity. |
| 2. Right of Wives and Children | Wives and children, including those with physical or mental disabilities, are entitled to maintenance. |
| 3. Magistrate’s Authority | The Magistrate can order the amount of maintenance and ensure compliance through fines or imprisonment for non-payment. |
| 4. Interim Maintenance | While proceedings are ongoing, the Magistrate can provide interim maintenance to avoid hardship. |
| 5. Cancellation of Order | Maintenance orders can be canceled if the wife is living in adultery or refuses to live with her husband without valid reasons. |
Why BNSS 144 is Needed?
BNSS Section 144 is important because it ensures that people who are financially capable are legally required to provide for their family members who are unable to support themselves. This section helps protect vulnerable individuals, such as wives, children, and parents, from neglect and hardship by ensuring they receive financial support when needed. Here’s why it’s needed:
- Protection for Vulnerable Family Members:
- Wives who cannot support themselves, whether due to illness, old age, or lack of means, should not suffer because their husband refuses to support them. BNSS 144 ensures that wives are not left without financial help.
- Children, both legitimate and illegitimate, who are unable to support themselves due to age, disability, or other reasons, need financial support from their parents. BNSS 144 ensures they are not neglected and have the resources to live.
- Parents, particularly older or sick parents who can no longer work, are entitled to receive help from their children under BNSS 144.
- Enforcement of Family Responsibility:
- This section enforces the responsibility that a person has towards his family members. It legally binds individuals who have the means to take care of others. If a person neglects or refuses to provide maintenance, they can be forced by a Magistrate to fulfill their duty.
- Prevents Financial Abuse:
- Some individuals may try to avoid their financial responsibilities by refusing to provide for those who depend on them. BNSS 144 protects against this by ensuring that such individuals are held accountable, preventing the exploitation of vulnerable family members.
- Fair Maintenance for Children with Disabilities:
- It provides for children who may be above the age of majority but are physically or mentally disabled. These individuals may not be able to work or care for themselves, and BNSS 144 ensures that they receive the support they need from their parents.
- Provides a Legal Route for Maintenance:
- Before BNSS 144, individuals who were financially unable to support themselves often had to go through lengthy legal processes to get help. This section allows a Magistrate to quickly issue orders for maintenance, ensuring that support is provided in a timely manner.
- Ensures Immediate Relief:
- BNSS 144 also allows for interim maintenance, meaning that if a case is being heard in court, the person seeking maintenance (like a wife or child) can receive immediate financial help while the case is ongoing.
BNSS Section 144 FAQs
BNSS 144
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