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 would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Bharatiya Nagarik Suraksha Sanhita 2023, Section 144 is the starting point for this family law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

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.

In practice, in this order: 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.

Timing matters here: Bharatiya Nagarik Suraksha Sanhita 2023, Section 144 works on limitation periods, so a section 144 vs section 24 maintenance claim that is right on the merits can still fail if it is brought late. 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 family law.