FAQs: Maintenance Under Section 144 BNS

Section 125 of the CrPC provides for the maintenance of wives, children, and parents who are unable to maintain themselves. It ensures financial support from a person who has sufficient means but neglects or refuses to maintain them.

The following individuals can seek maintenance:

• Wife (including a divorced wife who has not remarried)
• Minor children (legitimate or illegitimate)
• Major children (if they are physically or mentally incapacitated)
• Parents (father or mother who are unable to maintain themselves)

Yes, but only if she is unable to support herself despite having an income. The court considers her financial status and standard of living before granting maintenance.

If the wife is living separately without any reasonable cause, she may not be entitled to maintenance. However, if she can prove cruelty, desertion, or valid reasons for separation, she can still claim maintenance.

The court considers:

• The income and financial capacity of the husband
• The needs and standard of living of the wife and dependents
• The number of dependents the person has to support

Any other relevant circumstances

Yes, even if a wife is living abroad, she can file for maintenance in India if her husband is neglecting her financial needs.

If the husband fails to pay the maintenance as ordered by the court, the wife can file for execution of the order. The court can:

• Issue a warrant for recovery of the maintenance amount
• Imprison the husband for non-payment (up to one month)

Yes, either party can file for modification or cancellation of maintenance based on a change in financial circumstances (e.g., loss of job, remarriage of wife, increase in income, etc.).

Yes, a divorced wife is entitled to claim maintenance until she remarries or is financially self-sufficient.

Yes, a father is legally bound to maintain his minor children and even major children if they are physically or mentally incapacitated and unable to earn.

Would you like any modifications or additions to this FAQ?

The following individuals can claim maintenance:

• Wives: Including divorced wives who have not remarried.
• Children: Both legitimate and illegitimate, whether married or unmarried, if they are minors or unable to maintain themselves due to physical or mental disabilities.
• Parents: Biological or adoptive parents who are unable to support themselves.

To claim maintenance, the claimant must prove:

• They are unable to maintain themselves.
• The respondent (husband, father, or son) has sufficient means but neglects or refuses to provide financial support.

The amount of maintenance is not fixed and depends on:

• The financial status of the respondent.
• The needs of the claimant.
• The standard of living the claimant is accustomed to.
• The court’s discretion is based on the facts of the case.

Yes, parents (biological or adoptive) who are unable to maintain themselves can claim maintenance from their children under Section 125 CrPC.

Yes, maintenance can be claimed for:

• Minor children (below 18 years).
• Adult children who are unable to maintain themselves due to physical or mental disabilities.

Yes, the maintenance order can be modified if there is a change in circumstances, such as:

• An increase or decrease in the respondent’s income.
• A change in the claimant’s financial needs.

Yes, a husband can claim maintenance from his wife under Section 125 CrPC if he is unable to maintain himself and his wife has sufficient means.