In short. Under Section 144 BNSS, a wife (including a divorced wife who has not remarried), minor children, disabled adult children and parents unable to maintain themselves can claim monthly maintenance from a person with sufficient means who neglects them. There is no upper limit, interim maintenance can be ordered during the case, and unpaid amounts are recovered by warrant and, if needed, jail.
Section 144 is the quickest general remedy for maintenance in Indian law. It does not depend on religion, it does not need a divorce case to be pending, and it is meant to prevent destitution rather than to settle who was right in a family quarrel. That is why courts treat it as a summary proceeding and why the evidence is kept short.
This post covers the remedy itself: who can claim and against whom, where to file, what you must prove, how the order is enforced and changed, and how it fits with other laws. How the actual figure for a wife is worked out is explained separately in how courts decide interim maintenance for a wife. For the wider family law picture, see our family and divorce law page.
- Law
- Sections 144 to 147, Bharatiya Nagarik Suraksha Sanhita 2023 (old Sections 125 to 128 CrPC)
- Who can claim
- Wife, divorced wife not remarried, children, parents
- Forum
- Family court in Delhi, Gautam Buddh Nagar and Ghaziabad; Magistrate elsewhere
- Upper limit
- None; the court fixes a monthly rate it thinks fit
- Interim order
- To be decided within 60 days of notice, as far as possible
- Recovery
- Apply within one year of each amount falling due
What is Section 144 BNSS, and what happened to Section 125 CrPC?
Section 144 BNSS is the new number for the old Section 125 of the Code of Criminal Procedure 1973. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024, and Chapter X of it (Sections 144 to 147) reproduces the maintenance chapter of the old code almost word for word: Section 144 for the order, Section 145 for the procedure, Section 146 for altering the allowance and Section 147 for enforcement. The case law decided under Section 125 over five decades still applies.
Petitions filed before 1 July 2024 continue as Section 125 petitions under the old code, because Section 531 BNSS keeps pending proceedings under the law they started with. New petitions filed after that date are under Section 144. You will see both in the family courts for some years. If your case was filed in 2023, nothing needs to be refiled.
Although the section sits in a criminal procedure code, a maintenance case is not a criminal case against the husband or son. Nobody is accused of an offence. It is placed there because the Magistrate's powers to issue warrants and order detention make the remedy fast and enforceable. The only point at which jail enters the picture is when a person ordered to pay refuses to pay without good reason.
Who can claim maintenance under Section 144, and from whom?
The section names four classes of claimant. Each must show that they are unable to maintain themselves and that the person against whom they claim has sufficient means and has neglected or refused to maintain them.
| Claimant | Claim against | Conditions | When it usually ends |
|---|---|---|---|
| Wife, including a divorced wife who has not remarried | Husband or former husband | She is unable to maintain herself; he has means and neglects or refuses | On remarriage, or if a bar under Section 144(4) is proved |
| Minor child, legitimate or not, married or unmarried | Father | The child cannot maintain itself | On reaching 18 (for a married minor daughter, the father pays only if her husband lacks means) |
| Adult child (not a married daughter) with a physical or mental abnormality or injury | Father | The disability prevents the child from maintaining itself | Continues while the disability and need last |
| Father or mother | Son or daughter, married or not | The parent cannot maintain himself or herself; the child has means | Continues while the need lasts |
The words for parents are "son or daughter", so a married daughter with her own income can be ordered to contribute to her parents. Where there are several children, the parent can name all of them, and the court divides the burden according to their means. Parents also have a separate route before the Maintenance Tribunal; see our post on maintenance and eviction under the Senior Citizens Act 2007 to compare the two.
Can a divorced wife or a Muslim wife claim under Section 144?
Yes. The Explanation to the section defines "wife" to include a woman who has been divorced by her husband, or has obtained a divorce, and has not remarried. So a divorce decree does not end the claim. What it changes is the evidence: if a lump sum was paid as permanent alimony in full settlement, the court will take that into account, and Section 146 allows an order to be cancelled where the divorced wife has received the whole sum payable to her under the customary or personal law that applies, or has voluntarily surrendered her rights.
A Muslim wife, married or divorced, can also claim. In Mohd. Abdul Samad v State of Telangana (2024), the Supreme Court held that a divorced Muslim woman can seek maintenance under Section 125 CrPC, now Section 144 BNSS, and that the Muslim Women (Protection of Rights on Divorce) Act 1986 does not take that right away. The same reasoning applies to the new section. A Christian, Parsi or Sikh wife, or one married under the Special Marriage Act, stands in the same position.
Two edge cases come up often. Courts have allowed claims by a woman who lived with a man for a long time in a relationship that looked like a marriage, but these are decided on their facts and are contested hard. Where the marriage itself is void, for example because the man already had a living wife, the woman's claim as "wife" is difficult and depends on the facts. A child born of that relationship still has a full claim against the father.
What do you have to prove in a Section 144 case?
You must prove three things: the relationship, your inability to maintain yourself, and the other person's sufficient means together with neglect or refusal. The relationship is usually shown by a marriage certificate, wedding photographs and invitation card, or a birth certificate for a child. For parents, an Aadhaar card or school records showing the parent's name are usually enough.
"Unable to maintain herself" does not mean destitute. A wife who has some income can still claim if it is not enough to live in the manner she was used to during the marriage. Living with her parents and depending on them is not the same as being able to maintain herself. "Sufficient means" is not limited to property or salary; courts have long held that an able-bodied man who can earn has the means, even if he says he is unemployed.
Neglect or refusal is usually inferred from the facts: he has not paid anything since she left, or pays a token amount, or turned her out. Where the husband offers to take the wife back on condition that she lives with him, the court can look at her reasons for refusing. The section says expressly that if the husband has married another woman or keeps a mistress, that is just ground for the wife to refuse to live with him. A bare offer to "take her back", made only in the reply to defeat the claim, rarely succeeds.
When can maintenance be refused or cancelled?
Section 144(4) lists three situations in which a wife is not entitled to maintenance from her husband: she is living in adultery, she refuses to live with her husband without sufficient reason, or they are living separately by mutual consent. Section 144(5) lets the court cancel an order if any of these is proved after the order is made. "Living in adultery" means a continuing relationship, not a single alleged lapse, and the burden is on the husband to prove it with evidence, not with suspicion.
Section 146 deals with changes. The court can alter the allowance on proof of a change in circumstances, increase or reduce it, and cancel it for a divorced wife who has remarried. It must also give effect to a decision of a civil court, for example a decree under the Hindu Adoptions and Maintenance Act fixing a different figure. Any amount already paid under the Section 144 order is adjusted against what the civil court awards, so nobody pays twice for the same months.
The four sections that make up the remedy
Chapter X of the BNSS is short. These are the parts that come up in nearly every case.
Section 144 BNSS: order for maintenance
The court may order a monthly allowance at such rate as it thinks fit, payable from the date of the order or, if it so orders, from the date of the application. During the case it may order interim maintenance and the expenses of the proceeding, and such an application should, as far as possible, be decided within 60 days of service of notice. Section 144(3) provides for recovery by warrant and imprisonment for default, and Sections 144(4) and (5) set out the bars against a wife.
Section 145 BNSS: procedure
The petition can be filed in any district where the person liable is, where he or his wife resides, or where he last resided with his wife. Evidence is taken in his presence or his pleader's, in the manner of a summons case. If he wilfully avoids service or does not attend, the court can proceed ex parte, and he can apply within three months to set the order aside for good cause, on terms such as costs.
Section 146 BNSS: alteration in allowance
The court can change the amount on proof of a change in circumstances, and must cancel or vary the order to reflect a civil court decision. An order in favour of a divorced wife can be cancelled if she remarries, has received the whole sum due to her on divorce under the applicable personal or customary law, or has voluntarily given up her right.
Section 147 BNSS: enforcement
A copy of the order is given free to the person in whose favour it is made. Any Magistrate in any place where the person liable is can enforce it, once satisfied about the identity of the parties and the non-payment. This lets a wife in Delhi enforce against a husband now working in another state without starting again.
Where do you file a Section 144 maintenance petition in Delhi NCR?
In Delhi, Section 144 petitions are filed in the family courts, which sit in the district court complexes at Tis Hazari, Saket, Karkardooma, Rohini, Dwarka, Patiala House and Rouse Avenue. The Family Courts Act 1984 gives family courts the Magistrate's jurisdiction under this chapter wherever a family court has been set up. In Uttar Pradesh, petitions for Noida go to the family court at the Gautam Buddh Nagar district court in Surajpur, and for Ghaziabad to the family court at the Ghaziabad district court.
Within those courts, the choice of district follows Section 145. A wife can file where she now lives, which is usually her parents' home, rather than where the husband lives. A wife who has moved back to her parents in East Delhi can file at Karkardooma even if the marriage was in Gurugram and the husband lives in Noida. Parents usually file where they live. If a divorce case is pending elsewhere and you want everything in one place, you can ask that court to hear maintenance together, or think about a transfer petition, but the Section 144 petition itself does not have to follow the divorce case.
How a Section 144 case runs, step by step
This is the usual course of a petition in the Delhi family courts. Times vary a great deal with service and with how much the other side contests.
Draft the petition and disclosure affidavit
The petition sets out the relationship, the separation, the neglect, your needs and the other side's means. With it goes the affidavit of assets and liabilities in the format laid down in Rajnesh v Neha (2020), and an application for interim maintenance.
File and seek notice
The petition is filed with a vakalatnama and listed before the family court, which issues notice. Ask for service by email and WhatsApp in addition to the usual modes, and keep the delivery proof.
Counselling and mediation
Family courts usually send the parties to the court counsellor or mediation centre early. Many cases settle here, especially where children are involved. Settlement terms should be written down and recorded by the court.
Reply and interim maintenance
The respondent files a reply and his own disclosure affidavit. The court then hears the interim application on the affidavits and fixes an interim amount, often with litigation expenses.
Evidence
Each side files an evidence affidavit and is cross-examined. Keep this short and documentary: bank statements, salary details, school bills, medical papers. Long stories about the marriage add little.
Final order
The court fixes the monthly maintenance for each claimant, the date from which it runs and how arrears are to be paid. Ask for the amount for each child to be shown separately.
Recover and review
If payment stops, file for recovery within one year of each default. If circumstances change, apply under Section 146 to alter the amount.
A Section 144 case that is properly prepared and not heavily contested can reach a final order within a year in Delhi. Contested cases with long cross-examinations take longer, which is why the interim order is so important.
Documents to carry to the first meeting
Bring copies. Nothing needs to be perfect at the first meeting; we will tell you what is missing.
Relationship and identity
- Marriage certificate, or wedding card and photographs
- Birth certificates of the children
- Aadhaar or other ID of the claimant and, if available, of the respondent
- For parents: any document showing the son or daughter's parentage
Your situation
- Bank statements for 12 months
- Proof of any income, or a letter showing a job ended
- Rent agreement or proof of where you live now
- Medical records for any illness or disability, especially for a disabled adult child or elderly parent
The other side's means
- Employer name and designation, or business name and GST number
- Salary slips, offer letters or appraisal mails you have seen
- Details of property, vehicles and loans you know of
- Screenshots of lifestyle posts: travel, cars, new purchases
Earlier proceedings
- Copies of any DV Act, divorce or maintenance orders
- Any settlement deed or mediation report
- Police complaints or FIR, if any
- Proof of any payments he has made since separation
How much maintenance does the court order under Section 144?
There is no ceiling. The old limit of ₹500 a month was removed in 2001, and the court now fixes "such monthly rate as it thinks fit". The factors are the same ones used in every maintenance case after Rajnesh v Neha: the status of the parties, the reasonable needs of the claimant, the claimant's own income, the respondent's real income and genuine liabilities, and the number of dependants. For children, the court looks at schooling, health and the standard the child would have had if the family had stayed together.
For parents, the needs are usually more modest and more specific: food, rent or upkeep of a home, medicines and treatment. A son earning a good salary who contributes nothing to a widowed mother with no pension will usually be ordered to pay a sum that covers these. Where there are several children, the court spreads the amount according to each one's means, and a child who already supports the parent in kind, by housing them for example, may be asked to pay less.
The detailed method for a wife's share, with benchmarks and a worked calculation, is in our post on interim maintenance for a wife. If the claim also involves violence or the right to stay in the matrimonial home, the monetary relief under the DV Act may be more useful; see Domestic Violence Act orders.
A parents' maintenance claim against two children
Here's a made-up example. Ramesh, 71, and his wife Kamla, 66, live in a rented flat in Vaishali. Ramesh's private job ended years ago and he has no pension. Their savings went into the children's education and their son's flat. Their son Vikas works in Noida and earns about ₹1,20,000 a month. Their daughter Neha is married, lives in Indirapuram and earns ₹60,000 a month as a bank officer. Neither has paid anything for two years, and Kamla needs regular treatment for diabetes and a knee problem.
Ramesh and Kamla file a Section 144 petition in the family court at Ghaziabad, naming both children. They attach their bank passbook, the rent receipts, Kamla's medical bills and a simple monthly budget of ₹38,000. Vikas replies that his sister should pay; Neha replies that her income goes to her own household. The court notes that the section speaks of "son or daughter" and that a married daughter with income is liable. It orders interim maintenance of ₹20,000 a month from Vikas and ₹10,000 from Neha, payable from the date of the petition, and refers the family to mediation.
In mediation, Vikas offers to pay the rent directly and Neha agrees to cover the medical costs. The court records the settlement, with a clause that the Section 144 order revives if payments stop. This is a common and sensible outcome. The figures in a real case would depend on the actual incomes and needs.
What happens if maintenance under Section 144 is not paid?
If the person ordered to pay defaults without sufficient cause, the court can issue a warrant to levy the amount due in the same way as a fine, which means attachment and sale of his property, and can sentence him to imprisonment of up to one month for each month's allowance that remains unpaid, or until he pays if that is sooner. Under Section 147, any Magistrate where he lives or works can enforce the order. Interim orders and orders for litigation expenses are enforced the same way.
There is one strict condition. A warrant can be issued only if the application for recovery is made within one year from the date on which the amount became due. Arrears older than a year at the date of the application cannot be recovered through this route, though they may still be argued in other proceedings. So the rule in practice is simple: file the recovery application before twelve months of default pile up, and file again for later months as needed.
Imprisonment is a means of forcing payment, not a substitute for it. Going to jail for a month does not wipe out the arrears for that month. In Delhi, family courts often issue a warrant, the husband appears and pays part of the arrears in court, and the rest is scheduled in instalments. A point Advocate B.K. Singh often makes to clients at this stage is that a clean month-by-month record of what was due and what was paid, with bank entries, does more to speed recovery than any amount of argument about the husband's conduct.
Before you file a recovery application
Run through this list. It covers the points on which recovery applications are most often delayed or returned.
- A certified copy of the maintenance order, interim or final.
- A table of each month due, the amount paid (if any) and the balance, with dates.
- Bank statements showing what was received and when.
- The respondent's current address and workplace, because the warrant must reach him.
- Make sure no month in the claim is more than one year old on the date of filing.
- Details of salary, bank accounts or property that can be attached.
- If he works for a known employer, ask the court for a direction to the employer to deduct maintenance from salary.
- Keep a copy of every receipt or acknowledgement given in court for part payments.
How does Section 144 fit with divorce, the DV Act and the Hindu Adoptions and Maintenance Act?
Section 144 is independent of other maintenance laws, and can run at the same time as a divorce case, a DV Act case or a civil claim under the Hindu Adoptions and Maintenance Act 1956. The only rule is disclosure and adjustment: since Rajnesh v Neha, every court must be told of earlier orders and must take them into account, so that the same need is not paid for twice.
Each route has its own strength. Section 144 is the fastest for money and the easiest to enforce. The DV Act brings protection and residence orders along with money. Section 24 of the Hindu Marriage Act is filed in the divorce case itself and covers litigation expenses. Section 20 of the Hindu Adoptions and Maintenance Act covers an adult unmarried Hindu daughter who cannot maintain herself, which Section 144 does not. When the marriage is finally dissolved, Section 144 orders are usually folded into a final settlement; see our post on permanent alimony and one-time settlement.
When Advocate B.K. Singh is asked which route to take, the answer usually turns on two questions: is a divorce case already pending, and does the client need anything other than money, such as protection or the right to stay in the house? The choice made at the start affects how quickly money arrives and how many courts the family has to attend.
Can a Section 144 order be challenged?
Yes. An order of a family court under this chapter is challenged before the High Court in revision under Section 19(4) of the Family Courts Act 1984; in Delhi these are listed as criminal revision petitions in matrimonial matters. For Noida and Ghaziabad, the revision lies to the Allahabad High Court. Where a Magistrate (not a family court) passed the order, revision lies under the BNSS. A revision is not a rehearing; the High Court corrects errors of law, ignored evidence and figures that are plainly unreasonable.
A husband who files a revision should expect to be asked to pay at least the current maintenance, and often part of the arrears, before the High Court hears him. A wife who thinks the amount is too low can file a revision too, but it is often quicker to apply to the family court under Section 146 if circumstances have changed. If money is the reason you have not yet filed, look at our post on free legal aid: women and children are among those entitled to it.
If you want your papers read before you file or reply, you can write to us through the online legal enquiry form. Advocate Sadhna Singh usually looks at maintenance papers first and will tell you which court to file in, what is missing and what the next date is likely to involve. You can also read how we handle cases at the Delhi family courts.
Frequently asked questions
What is the new section for 125 CrPC?
Section 125 CrPC is now Section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023, in force from 1 July 2024. The related sections are 145 (procedure), 146 (alteration) and 147 (enforcement). Petitions filed before 1 July 2024 continue under Section 125.
Can a divorced wife claim maintenance under Section 144 BNSS?
Yes. The section treats a divorced woman who has not remarried as a wife for this purpose. If she received a full lump sum in settlement, or remarries, the order can be cancelled under Section 146.
Can a working wife file under Section 144?
She can, if her income is not enough to maintain herself at the standard of the marriage. The question is whether she is able to maintain herself, not whether she earns anything. Her income is taken into account in fixing the amount.
Can parents claim maintenance from a married daughter?
Yes. Section 144 speaks of a son or daughter, so a married daughter with means can be ordered to maintain a parent who cannot maintain himself or herself. Where there are several children, the court divides the amount according to their means.
Is there any upper limit on maintenance under Section 144?
No. The cap was removed in 2001, and the court fixes a monthly rate it thinks fit. The amount depends on the parties' incomes, the claimant's needs and the standard of living.
Where should a wife file a Section 144 petition?
She can file where the husband is, where she or he resides, or where they last lived together. Most wives file where they now live, often in their parents' district. In Delhi, Noida and Ghaziabad the petition goes to the family court.
Is there a time limit for filing a maintenance petition?
There is no limitation period for filing the petition itself, because the need for maintenance continues. But recovery of unpaid amounts by warrant must be applied for within one year of each amount falling due. Delay in filing also means the arrears start only from the date of application.
Can a husband be jailed for not paying maintenance?
Yes, if he defaults without sufficient cause. The court can order imprisonment of up to one month for each month's unpaid allowance, or until he pays. Jail does not cancel the arrears.
Can a Muslim woman claim maintenance under Section 144 BNSS?
Yes. In Mohd. Abdul Samad v State of Telangana (2024) the Supreme Court held that a divorced Muslim woman can claim under Section 125 CrPC, now Section 144 BNSS. A married Muslim wife has always been able to claim.
Can an adult son or daughter get maintenance under Section 144?
Only an adult child who cannot maintain itself because of a physical or mental abnormality or injury, and not a married daughter. An adult unmarried Hindu daughter who cannot maintain herself can claim under Section 20 of the Hindu Adoptions and Maintenance Act. Family courts can decide both claims together.
Can maintenance under Section 144 be reduced if the husband loses his job?
He can apply under Section 146 for alteration on a change in circumstances. He must prove the job loss was genuine and that he cannot earn elsewhere. Courts are wary of resignations timed around the case.
What if the husband lives in another state?
Under Section 147, any Magistrate where he is can enforce the order once satisfied about identity and non-payment. The petition itself can be filed where the wife lives. Service can be done by post, email and messaging apps as well as through the police.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.