Article written by Advocate Alpa Jogi on Section 144 of BNSS
With effect from 01.07.2024, the Criminal Procedure Code i.e. CrPC has been replaced by Bharatiya Nagarik Suraksha Samhita i.e. BNSS. The Section corresponding to the Section 125 of CrPC which was for the purpose of maintenance is Section 144 of the Bharatiya Nagarik Suraksha Samhita.
Who can claim and get maintenance?
Section 144 of BNSS deals with “Order for maintenance of wives, children and parents”. According to Section 144 (1), the following persons can claim and get maintenance
(i) Wife from his husband,
(ii) Legitimate or illegitimate minor child from his father,
(iii) Legitimate or illegitimate minor child (physical or mental abnormality) from his father, and
(iv) Father or mother from his son or daughter.
A wife can claim and get maintenance from her husband in the following conditions:
(i) She is divorced by her husband, or
(ii) Obtained divorce from her husband, and
(iii) She has not remarried, and
(iv) She is not able to maintain herself.
A wife cannot claim and get maintenance from her husband in the following conditions:
(i) Wife living in adultery, or
(ii) Refuses to live with husband without any valid reasons, or
(iii) Living separately by mutual consent.
Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.
You can contact Advocate Alpa Jogi for assistance on any kind of legal matters