New Maintenance Act and Alimony
Section 125, CrPC – Maintenance of Dependents – Now this section has been changed into Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). New Maintenance act and alimony.
Section 144 of the BNSS provides for the maintenance of dependents such as a wife, minor children, and parents if any person having sufficient means neglects or refuses to maintain them or cannot maintain themselves. It is a welfare and financial support for those in need.
Key Highlights of Section 144:
Who Can Claim Maintenance?
Wife: A wife who is unable to maintain herself. A wife can ask for maintenance from her husband for financial support and for her expenses.
Minor Children: Includes legitimate and illegitimate children. Children can apply for financial support.
Parents: Fathers or mothers unable to maintain themselves, irrespective of age, can apply and demand maintenance from their children.
Conditions for Maintenance:
The claimants must prove they are unable to maintain themselves.
The respondent must have sufficient means but has neglected or refused to maintain them.
Procedure:
A petition is filed in the Magistrate’s Court, where both parties present evidence.
Interim maintenance may be granted during the pendency of the case.
Alimony:
Alimony, or maintenance, is financial support provided by one spouse to the other before separation or divorce. In the case of Mutual Divorce alimony or maintenance should be decided by a couple before filing a divorce petition. If a couple has children then they need to decide the expenses of children. Because these all things need to be mentioned in the agreement and mutual divorce petition. Its purpose is to ensure that the economically weaker spouse can maintain a standard of living similar to what was enjoyed during the marriage.
In some situations, the couple does not want any Alimony or maintenance. The wife does not want any maintenance so we can not say that in every circumstance one party needs to give alimony or maintenance to the other party.
Types of Alimony: Permanent and Temporary Alimony
Temporary Alimony: Provided during the pendency of divorce proceedings.
Permanent Alimony: A lump sum or periodic payment awarded after the divorce.
New maintenance act and alimony: You may contact us or you can contact your legal advisor and your advocate, to get the complete information because circumstances can differ as per the different case.
