Maintenance Under Section 144 BNSS: Eligibility, Interim Relief and Procedure

Interim maintenance and financial disclosure

Section 144 permits interim maintenance and reasonable expenses of the proceeding. As far as possible, the interim application should be decided within 60 days from service of notice of that application. This is not a guarantee of a final maintenance decision within 60 days.

Interim maintenance was also available under the earlier Section 125 CrPC framework; it was not first introduced by the BNSS.

In Rajnesh v. Neha, judgment dated 4 November 2020, Part B and final directions, the Supreme Court addressed financial-disclosure affidavits, overlapping maintenance proceedings, assessment of the amount, the date of award and enforcement. Those directions predate the BNSS. Use the applicable affidavit format and disclose existing maintenance proceedings and orders. The judgment directs maintenance from the date of the application; a particular order and any subsequent applicable authority must still be examined.

Amount, objections and enforcement

Section 144 does not prescribe a universal percentage of income. Prepare reliable evidence of resources, needs, expenses and dependants rather than relying on a supposed fixed formula.

Subsections (4) and (5) address specified circumstances affecting a wife's entitlement and cancellation. Their application, including questions concerning a divorced claimant, requires attention to the facts and binding decisions; separate residence alone should not be treated as a complete answer.

For non-compliance without sufficient cause, Section 144(3) provides a warrant-based recovery process and possible imprisonment within its limits. Its proviso requires an application to levy an amount within one year from when that amount became due. Do not delay enforcement on an assumption that arrears can always be recovered by the same procedure without a time limit. Sections 146 and 147 address alteration and enforcement respectively.

Before filing or responding

Identify the legal basis, competent court and territorial jurisdiction; document the relationship, inability to maintain, alleged neglect and financial circumstances; disclose existing orders; and separately request interim relief where appropriate. This overview does not decide an individual claim.

Official BNSS text: Sections 144–147 and 531.

Correction — 20 October 2026: Corrected claimant categories and removed unsupported gender-neutral and same-sex entitlement claims. Corrected the history of interim relief, disclosure requirements and procedural timelines.