Maintenance & Alimony in India — Section 144 BNSS Explained, How Much You Can Claim, and How to File

What is Section 144 BNSS for maintenance?

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is India's secular maintenance law. It came into force on 1 July 2024, replacing the earlier Section 125 of the Code of Criminal Procedure, 1973. The substantive scope is broadly the same — but a few important things have changed, and the section number is now 144, not 125. If you've seen older articles or templates referring to "Section 125 CrPC", that was the old number. Cases filed before 1 July 2024 continue under Section 125 CrPC; new cases are filed under Section 144 BNSS.

The purpose has not changed: preventing destitution. If a person has the financial means but neglects or refuses to maintain a dependent who cannot support themselves, the dependent can approach a Magistrate and obtain a monthly maintenance order — fast, without filing a full civil suit, and regardless of the religion of either party.

What changed when Section 125 CrPC became Section 144 BNSS

Three changes are worth knowing:

• The word "minor" was removed from clause (b). Earlier, only a minor child unable to maintain themselves could claim. Now, the law extends to any child — including an adult child — who is unable to maintain themselves. This is a major widening of scope.
• Clearer timelines — the disposal of an interim maintenance application is targeted at 60 days from service of notice on the respondent.
• Stronger procedural framework — the BNSS aligns Section 144 with the Supreme Court's directions in Rajnesh v. Neha (2020), which made the disclosure affidavit mandatory.

Who can claim maintenance under Section 144 BNSS?

Four categories of dependants are entitled to claim maintenance under sub-section (1):

1. Wife

Any wife unable to maintain herself — including a divorced wife who has not remarried. The Supreme Court has held that even a wife who is earning is not automatically disqualified — what matters is whether her income is sufficient to maintain the standard of living to which she was accustomed during the marriage. A wife living separately by mutual consent, or living in adultery, or refusing to live with her husband without reasonable cause, is not entitled (Section 144(4) BNSS).

2. Legitimate or illegitimate child unable to maintain itself

This includes both legitimate and illegitimate children. After the BNSS removed the word "minor", the provision now also extends to adult children who are genuinely unable to maintain themselves — for example, a child still studying full-time without independent income, or a child unable to work for legitimate reasons. Earlier judicial position under Section 125 CrPC (e.g., Amarendra Kumar Paul v. Maya Paul, 2009) was that the right ended at majority — the BNSS has expanded this.

3. Adult child with physical or mental disability

An adult child suffering from any physical or mental abnormality or injury that prevents them from maintaining themselves can claim maintenance from a parent. This is a separate clause from (2) above and is unconditional with respect to age.

4. Father or mother unable to maintain themselves

A parent who cannot maintain themselves can claim maintenance from their child — son or daughter, regardless of marital status. The Supreme Court in Vijaya Manohar Arbat v. Kashirao Rajaram Sawai (1987) confirmed that a married daughter is also liable to maintain her parents. In addition, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides a parallel, faster route specifically for senior citizens.

Live-in partners

The Supreme Court in D. Velusamy v. D. Patchaiammal (2010) and Indra Sarma v. V.K.V. Sarma (2013) recognised that women in a "relationship in the nature of marriage" — i.e., long-term live-in relationships meeting specific criteria — can claim maintenance under the equivalent provision (now Section 144 BNSS) and under the Domestic Violence Act, 2005. The relationship must satisfy several conditions: long duration, holding out as spouses, sharing a household, both parties of marriageable age and capacity to marry.

How much maintenance can I claim?

This is the question every claimant asks first — and the honest answer is: there is no fixed amount or formula. The Magistrate determines a "reasonable" monthly allowance based on the facts of each case. There is no statutory upper limit. Courts have awarded amounts ranging from a few thousand rupees to several lakhs per month depending on circumstances.

The factors a Magistrate must consider — Rajnesh v. Neha (2020)

The Supreme Court in Rajnesh v. Neha (2020) laid down the comprehensive factors that govern quantum. While the case was decided before BNSS, these factors continue to apply to Section 144 BNSS proceedings. They are:

The mandatory disclosure affidavit

This is the single most important procedural change in the last decade. Per Rajnesh v. Neha, both the claimant and the respondent must file an Affidavit of Disclosure of Assets and Liabilities in a uniform format prescribed by the Supreme Court. The respondent must file within four weeks of being served with notice. The affidavit covers:

• Personal information — age, education, qualifications, profession
• Details of all pending or past legal proceedings (especially other maintenance claims)
• Details of all dependants and their financial support
• Details of children — names, ages, custody arrangements, full education and medical expenses
• All sources of income — salary, business, professional fees, agriculture, rental, investments, foreign income
• All assets — bank accounts, fixed deposits, mutual funds, shares, real estate, vehicles, jewellery
• All liabilities — loans, mortgages, EMIs, statutory dues
• Lifestyle expenses — credit card statements, foreign travel, club memberships

Concealment is treated as contempt of court and is also an offence under Sections 227 and 229 of the Bharatiya Nyaya Sanhita 2023 (false statement on oath). A spouse who conceals can have their affidavit struck off, and adverse inferences drawn against them — typically resulting in a higher maintenance award.

Common maintenance award ranges (illustrative only)

These are illustrative ranges drawn from reported judgments. Your actual award depends on disclosed assets, the claimant's needs, the standard of living during marriage, and other factors. Do not rely on this as a calculation — it is not a formula.

How to file a maintenance case in India — step by step

The process is designed to be accessible and relatively quick. You do not need to wait for a divorce decree, a domestic violence case, or any other proceeding — Section 144 BNSS is a standalone remedy.

Step 1: Identify the right forum

The application is filed before the Judicial Magistrate of the First Class with jurisdiction where:

• You currently reside (including temporarily — e.g., your parents' home),
• The respondent resides, or
• The respondent last resided with you

This gives you flexibility — you can usually file close to where you live now, even if your matrimonial home was elsewhere.

Step 2: Decide if you also need to file under other laws

Section 144 BNSS can be filed alone or together with:

• Hindu Marriage Act 1955, Sections 24 & 25 — interim and permanent alimony in divorce/separation proceedings (for Hindus, Buddhists, Sikhs, Jains)
• Special Marriage Act 1954 — equivalent provisions for inter-faith and registered civil marriages
• Hindu Adoptions and Maintenance Act 1956 — civil right to maintenance for Hindu wife from husband and dependants from estate
• PWDVA 2005 Section 20 — monetary relief as part of a domestic violence proceeding (often faster)
• Muslim Women (Protection of Rights on Divorce) Act 1986 — for divorced Muslim women
• Senior Citizens Act 2007 — for parents claiming from children

Per Rajnesh v. Neha, you must disclose all parallel maintenance proceedings. The court hearing the later application will adjust the amount taking the earlier order into account — you cannot get duplicate maintenance for the same period from different statutes.

Step 3: Prepare the application and disclosure affidavit

The application itself is concise — typically 2–4 pages — stating:

• Names and addresses of parties; nature of relationship
• That the respondent has sufficient means
• That the respondent has neglected or refused to maintain
• That you cannot maintain yourself
• The monthly amount of interim and final maintenance prayed for
• Date from which maintenance is claimed (typically date of application)

Attached to the application: the mandatory disclosure affidavit in the Rajnesh format. Without this, the application is procedurally defective.

Step 4: File and serve notice

Court fee is nominal — typically a few hundred rupees. Free legal aid is available through your District Legal Services Authority (DLSA) if you cannot afford a lawyer. Once filed, the Magistrate issues notice to the respondent, who has four weeks to file their reply with their own disclosure affidavit.

Step 5: Press for interim maintenance

Under Section 144(2) BNSS, the Magistrate can order interim maintenance during the pendency of proceedings — disposable within 60 days of notice service. In exceptional cases of urgent need (medical emergency, school fees, immediate destitution), the Punjab & Haryana High Court has held that ad-interim maintenance — even ex parte — can be granted as an implied power of the court (2024). Mention any such urgent need in your application.

Step 6: Final order and arrears

After both parties file disclosure affidavits and the Magistrate hears arguments, a final order is passed specifying the monthly amount. Per Rajnesh v. Neha, this is payable from the date of application, not the date of the order — meaning all arrears for the entire pendency become due at once.

How long does a maintenance case take in India?

Statutory targets and reality differ. Here's what to actually expect:

If the respondent is uncooperative or evasive — common in maintenance cases — the timeline extends. However, interim maintenance keeps you supported throughout. The 4–6 month Rajnesh target for interim disposal is becoming more enforceable in metro Family Courts.

Section 144 BNSS vs PWDVA vs Hindu Marriage Act — which to choose

Three main statutes deliver maintenance. They are not alternatives — you can use one, two, or all three depending on your situation. But each has different strengths.

Practical guidance: If you need fast monthly support and the relationship has involved violence, file PWDVA first — interim relief is fastest. If there is no violence but you need ongoing maintenance, file Section 144 BNSS. If you are also seeking divorce, judicial separation, or restitution, file HMA Section 24 as part of those proceedings to get litigation expenses and pendente lite maintenance. Many lawyers file under multiple statutes simultaneously — perfectly permissible, but the court will adjust quanta.

What if my husband refuses to pay the maintenance ordered?

Non-compliance with a maintenance order is taken seriously. Section 144(3) BNSS provides three remedies:

1. Recovery as if it were a fine

The Magistrate can issue a warrant treating each month of unpaid maintenance as a fine. This is recovered like any criminal fine — through attachment of the respondent's property, salary, or bank accounts.

2. Imprisonment for default

If the respondent does not pay within one month of the warrant being issued, the Magistrate can sentence them to imprisonment up to one month for each month of default, until payment is made. This is one of the most powerful enforcement tools — unlike most civil debts, default in maintenance can land you in jail.

3. Execution as civil decree

You can also execute the maintenance order as a civil decree under the Code of Civil Procedure, 1908. This allows attachment of bank accounts, immovable property, salary garnishment, and recovery from third parties (like a tenant of the respondent's property).

Tracking down concealed assets

If you suspect the respondent has concealed assets in their disclosure affidavit, you can:

• Apply for production of bank statements, tax returns, and credit reports under court summons
• File a contempt application for false affidavit
• Request the court to draw adverse inference and increase the maintenance amount
• File a separate complaint under Sections 227/229 BNS for false statement on oath

Maintenance for divorced women, Muslim women, and live-in partners

Divorced wife (any religion)

A divorced wife can claim maintenance under Section 144 BNSS as long as she has not remarried. The right does not end with divorce. The Supreme Court has consistently held that a "divorced wife" within the meaning of the statute includes a wife divorced by mutual consent or by court decree.

Divorced Muslim woman

The Supreme Court in Mohd. Abdul Samad v. State of Telangana (10 July 2024) firmly settled that a divorced Muslim woman is entitled to seek maintenance under Section 125 CrPC (now Section 144 BNSS), and this remedy operates independently of and in addition to the Muslim Women (Protection of Rights on Divorce) Act, 1986. She can choose to file under either law — or both. This affirms the principles established in Mohd. Ahmed Khan v. Shah Bano Begum (1985) and Daniel Latifi v. Union of India (2001), settling decades of legal uncertainty.

Live-in partner

A woman in a "relationship in the nature of marriage" can claim under Section 144 BNSS if the relationship satisfies the criteria laid down in D. Velusamy v. D. Patchaiammal (2010): both parties of marriageable age, both unmarried (or one widowed/divorced), holding themselves out as spouses, sharing a household, and a substantial period of cohabitation. Casual or short-term relationships do not qualify. The Supreme Court in Indra Sarma v. V.K.V. Sarma (2013) elaborated these criteria further.

Second wife in a void marriage

This remains contested. The Supreme Court in Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988) held that a "wife" under Section 125 CrPC means a legally wedded wife, and a second wife where the first marriage subsists is not entitled. However, there is divergent High Court jurisprudence — particularly where the second wife was unaware of the existing marriage. If you are in this situation, consult a lawyer specifically about your facts before filing.

Maintenance & alimony — questions people actually ask

Is alimony the same as maintenance under Section 144 BNSS?

The terms are often used interchangeably in everyday speech, but legally they are distinct. Maintenance under Section 144 BNSS is a recurring monthly allowance to prevent destitution. Alimony typically refers to a one-time lump-sum payment granted as "permanent alimony" under Section 25 of the Hindu Marriage Act, 1955 at the time of divorce. Many divorce settlements combine both — periodic maintenance plus a lump-sum alimony to enable the wife to start an independent life. The Supreme Court has progressively recognised that alimony should secure a lifestyle linked to what was enjoyed during marriage.

Can a working wife claim maintenance?

Yes — a wife is not disqualified merely because she has some income. The test is whether her income is sufficient to maintain herself at the standard of living to which she was accustomed during the marriage. The court compares her actual income with her reasonable needs, and the gap (if any) is the maintenance. The Supreme Court has held that a wife is entitled to live with the same dignity and standard of living as during the marriage — not at a "subsistence" level.

How is maintenance taxed in India?

One-time alimony received as a lump sum is generally treated as a capital receipt and is not taxable in the hands of the recipient. Recurring monthly maintenance is treated as a revenue receipt — its taxability has been the subject of conflicting tribunal decisions. The widely-followed view is that maintenance received under court order is exempt as it represents fulfilment of a legal obligation, not income from a source. Consult a CA for your specific situation.

Can maintenance be modified after the order?

Yes. Section 144(5) and (6) BNSS permits modification on proof of changed circumstances — for example, a substantial increase or decrease in the respondent's income, the wife's remarriage, the children attaining majority and earning, or major medical expenses. Either party can apply for modification. The court conducts a fresh inquiry, but does not reopen the original order's findings unless fraud is shown.

Does maintenance stop if the wife remarries?

Yes — for the wife. Section 144(5) BNSS provides that maintenance to the wife shall cease on her remarriage. However, child maintenance continues regardless of whether either parent has remarried — the child's right is independent.

Can maintenance be paid as a lump sum instead of monthly?

Section 144 BNSS contemplates only a monthly allowance. However, parties can mutually agree to a one-time lump sum settlement and record it in the order — the court can accept this. Under Section 25 of the Hindu Marriage Act, 1955, lump-sum permanent alimony is expressly permitted at the time of divorce.

Is maintenance available during a contested divorce?

Yes. You can file Section 144 BNSS proceedings independently. You can also claim pendente lite maintenance under Section 24 of the Hindu Marriage Act 1955 (or the equivalent in your personal law) within the divorce proceedings itself — this covers maintenance and litigation expenses for the duration of the divorce case. Many parties file both simultaneously.

What is the difference between Section 144 BNSS and the Hindu Adoptions & Maintenance Act 1956?

Section 144 BNSS is a quasi-criminal, religion-neutral, fast remedy via the Magistrate. The Hindu Adoptions & Maintenance Act 1956 is a civil statute applicable only to Hindus, providing a substantive right to maintenance enforceable through a civil suit (slower but allows higher quantum and more comprehensive relief, and survives the husband's death by being a charge on his estate). They can be invoked in parallel.

Can I claim past maintenance for periods before I filed the case?

Generally no. Maintenance under Section 144 BNSS is payable from the date of the application or, if so ordered, from the date of the order. Per Rajnesh v. Neha, the default is date of application. The court does not award maintenance for periods before filing — you can only seek prospective relief.

What is the cooling-off period under Section 13B Hindu Marriage Act?

This relates specifically to mutual consent divorce, not maintenance per se. Under Section 13B(2) of the Hindu Marriage Act 1955, parties seeking mutual consent divorce must wait at least 6 months between filing the joint petition and the second motion. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held that this cooling-off period is not mandatory and can be waived in deserving cases. The Supreme Court can also waive it under Article 142 in cases of irretrievable breakdown.

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