What is the difference between maintenance under Section 144 BNSS and the Hindu Marriage Act?

Question

I am confused about whether I should claim maintenance under the criminal law provision or under the Hindu Marriage Act during my divorce. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What is the difference between maintenance under Section 144 BNSS and the Hindu Marriage Act? is governed in India primarily by Bharatiya Nagarik Suraksha Sanhita 2023, Section 144, Hindu Marriage Act 1955, Section 24 and Hindu Marriage Act 1955, Section 25. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 144 of the BNSS is a religion-neutral, summary remedy available even without any pending matrimonial case, aimed at preventing destitution, while Sections 24 and 25 of the Hindu Marriage Act operate only within a pending or concluded matrimonial proceeding between Hindus.

Maintenance under Section 144 is generally quicker to obtain because the standard of proof and procedure is summary, whereas relief under Sections 24 and 25 is decided alongside the broader matrimonial dispute and may take longer.

A person can pursue both remedies simultaneously, but courts following the Rajnesh v. Neha guidelines require disclosure of any amount already granted under one provision so that the total maintenance is adjusted and not duplicated.

Section 25 additionally allows permanent alimony as a one-time lump sum after the marriage is dissolved, a relief not available under Section 144, which only provides recurring monthly maintenance.

Choosing the right provision, or pursuing both in a coordinated manner, depends on whether a matrimonial case is already pending and how quickly interim financial relief is needed.

What to do next: 1) Assess whether a matrimonial case is already pending before deciding which provision to invoke first; 2) File under Section 144 BNSS for a quicker interim remedy if no matrimonial case exists yet; 3) Claim interim maintenance under Section 24 once a divorce petition is filed, disclosing any Section 144 order; 4) Seek permanent alimony under Section 25 only after the marriage is legally dissolved.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Bharatiya Nagarik Suraksha Sanhita 2023, Section 144 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.