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In Indian society, the family system is regarded as a cornerstone. However, in some cases, family members may require financial assistance, but the responsible individuals ignore their responsibilities. In such cases, the legislation provides assistance to those in need. After marriage, arguments can emerge between husband and wife, elderly parents may be neglected, and children may not receive adequate support. In such cases, life might become substantially more difficult without financial support. As a result, in order to protect the rights of those in need, the legislation has included provisions for maintenance allowance.
Sections 144–147 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) feature particular provisions to secure financial aid for spouses, children, and parents.
The purpose of this article is to clarify the key clauses governing maintenance allowance under the Bharatiya Nagarik Suraksha Sanhita, 2023, in simple terms. This can help those in need understand their rights and seek legal support.
Who is eligible?
If an individual, although having ample financial resources, fails to discharge their family responsibilities, an application might be filed with a First-Class Magistrate. The following people are eligible for maintenance allowance:
Wife – Who is unable to support herself.
Children – Legitimate or illegitimate offspring who are unable to support themselves.
Disabled adult child – If they are unable to support themselves owing to physical or mental limitations.
Parents – Elderly mothers and fathers who are unable to support themselves.
About the wife’s rights:
A divorced woman is also entitled to support, provided she does not remarry.
If the husband has remarried or is living with another woman, the wife may live apart and continue to claim maintenance.
If the woman commits adultery or refuses to reside with her husband, she will not receive support.
About children’s rights:
Unmarried children who cannot work are eligible for support.
Disabled adult children are also eligible for maintenance.
If a married daughter is still a juvenile and her husband is unable to support her, her father may be required to pay her child support until she reaches adulthood.
Regarding parental rights:
If the elderly parents are financially unable to support themselves, the son or daughter must provide for them.
Intermediate Maintenance:
While the case is still pending in court, the applicant may be granted interim maintenance to receive immediate financial assistance.
The legislation requires that a decision be made within 60 days after filing such an application.
Where can I file the application?
A maintenance case under Section 144 can be filed in any district:
Where the individual (who is obliged to pay) now resides, or
Where he or his wife resides,or
Where he last lived with his wife, mother of his illegitimate child, or
Where does his father or mother reside.
Court Procedures:
If the respondent (against whom maintenance is claimed) does not appear in court, the court may issue an ex parte order.
All evidence must be presented in front of the respondent or their lawyer.
If the responder knowingly disobeys court directions, they may face penalties.
If the concerned person’s financial situation changes significantly, the court may increase or decrease the amount of maintenance ordered.
When is maintenance lowered or terminated?
If the wife remarries, the maintenance will be immediately discontinued.
If the husband has granted divorce and paid mehr under Muslim law, the woman will not be entitled to maintenance.
If the wife voluntarily waives her claim to maintenance, the maintenance will be discontinued.
If the children obtain employment, the maintenance payments may be discontinued.
If elderly parents find another source of income, their support may be discontinued.
If the court’s maintenance order is ignored, the following steps can be taken:
Arrest and imprisonment: If the husband, son, or responsible person fails to comply with the order, they may face up to one month imprisonment.
The seizure of property: The court may take the pending maintenance amount from the respondent’s property.
Time restriction for recovering maintenance: The application must be filed within one year. If payment is delayed, no arrears claim can be filed.
Maintenance allowance is an important support mechanism for people who are struggling financially. The Bharatiya Nagarik Suraksha Sanhita, 2023 has created clearer provisions and enhanced enforcement to defend these rights. Whether it’s a disagreement between couples, neglect of ageing parents, or inability to support children, the law now provides more protection.
This article enables vulnerable individuals to better grasp their legal rights and obtain justice. When responsible parties fail to carry out their obligations, the law provides avenues for accountability. Adv. Abdul Mulla, a legal practitioner and founder of the platforms www.asmlegalservices or www.lifeandlaw.in, emphasised the importance of persons in need being aware of these legal remedies and actively using them to defend their entitlements.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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