MAINTENANCE PROCEEDINGS

by Team Law Gist | Oct 26, 2024

Section 144 & 145 of Bharatita Nagarik Suraksha Sanhita,2023 (BNSS)

Earlier the maintenance sections came under Section 125 to 128 of Criminal Procedure Code(CrPC).Currently under BNSS,a person is required to pay maintenance to the following persons:

His Wife –The term wife means only a legally wedded wife as held in the case of D. Velusamy v. D. Patchaiammal.
His Legitimate Or Illegitimate Child-A child may be male or female. A minor married child is entitled to claim maintenance from her husband or from her father or both and if the husband is not able to pay enough maintenance, then father is bound to maintain his daughter until she attains the age of majority.
His Legitimate Or Illegitimate Abnormal Child Who Has Attained Majority-In such cases the responsibility of maintaining her is that of the husband and not of the father.
His Father Or Mother-In Vijay Manohar Arbat vs. Kashirao Rajaram Sawai, the court held that a father or mother is entitled to claim maintenance from their daughter, unmarried or married if she has sufficient means to maintain herself independent of the means or income of her husband. The court observed that there can be no doubt that it is the moral obligation of a son or a daughter to maintain his or her parents.

Essential conditions for granting maintenance

The person from whom maintenance is claimed must have sufficient means to maintain the person or persons claiming maintenance.
The person from whom maintenance is claimed must have neglected or refused to maintain the person or persons entitled to claim maintenance.
The person claiming maintenance must be unable to maintain himself or herself.
A minor who is married is entitled to claim maintenance from her husband if he, having sufficient means, neglects to maintain her.
When the maintenance is claimed by the wife from her husband then she must not be living in adultery and she must not refuse, without any just ground, to live with her husband. She must not be living separately by mutual consent.

Only judicial magistrates of first class have the jurisdiction to deal with such matters. Proceedings under Section 144 of BNSS may be taken against any person in any district—

where he is; or
where he or his wife resides; or
where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or
where his father or mother resides.

An application for an increase or decrease of the allowance can be made consequent upon a change in the circumstance of either party at the time of the application for alteration. In awarding maintenance to the wife the court should see the rate is not such as would tempt the wife to permanently live separately from her husband or if she is divorced to remain unmarried at least for a long as held in Syed Ahmad v. N.P. Taj Begum.The quantum of maintenance is left to be decided by the Magistrate.

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