How can a wife claim maintenance under Section 144 of the BNSS?

Question

My husband has stopped supporting me and our children and I want to know how to claim maintenance quickly. 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

How can a wife claim maintenance under Section 144 of the BNSS? is governed in India primarily by Bharatiya Nagarik Suraksha Sanhita 2023, Section 144, Hindu Marriage Act 1955, Section 24 and Hindu Adoption and Maintenance Act 1956, Section 18. 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, which replaces Section 125 of the CrPC, allows a wife, children or parents who are unable to maintain themselves to seek a monthly maintenance order from a person who has sufficient means but neglects or refuses to maintain them.

The provision applies irrespective of religion and is intended as a quick, summary remedy against destitution rather than a determination of matrimonial rights.

A wife is disentitled to maintenance under this Section if she is living in adultery, refuses to live with her husband without sufficient reason, or the couple are living separately by mutual consent.

The magistrate can order interim maintenance during the pendency of the petition and can also direct payment of the interim maintenance expenses of the proceeding.

An application can be filed in the court where the wife resides, where the husband resides, or where they last lived together, giving the wife flexibility of jurisdiction.

What to do next: 1) File an application under Section 144 BNSS before the magistrate along with proof of income and neglect; 2) Attach marriage proof, income details of the husband where available, and details of monthly expenses; 3) Seek interim maintenance at the first hearing to secure immediate financial relief; 4) Engage a lawyer to counter any claim of disentitlement raised by the husband.

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.