Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Order for Maintenance of Wives, Children, and Parents
Section 144 of the BNSS, 2023, addresses the obligation of individuals to provide maintenance to their wives, children, and parents who are unable to maintain themselves. It empowers a Magistrate of the first class to order a person with sufficient means to pay a monthly allowance for the maintenance of these dependents.
📜 Text of Section 144
(1) If any person having sufficient means neglects or refuses to maintain—
(a) his wife, unable to maintain herself;
(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself;
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself;
(d) his father or mother, unable to maintain himself or herself,
a Judicial Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father, or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct.
(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made.
(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
⚖️ Key Provisions
Entitlement to Maintenance: Wives, children, and parents who are unable to maintain themselves are entitled to claim maintenance.
Magistrate's Authority: A Judicial Magistrate of the first class has the authority to order the person with sufficient means to pay a monthly allowance.
Interim Maintenance: During the pendency of proceedings, the Magistrate may order interim maintenance and reasonable expenses.
Enforcement: Failure to comply with the order may result in the issuance of a warrant for levying the amount due and imprisonment for up to one month.
Conditions for Wife's Entitlement: A wife is not entitled to maintenance if she is living in adultery, refuses to live with her husband without sufficient reason, or if they are living separately by mutual consent.
🧾 Illustrative Example
Suppose a wife is unable to maintain herself due to illness and her husband has sufficient means but neglects to provide support. The wife can apply to a Judicial Magistrate of the first class, presenting evidence of neglect. If the Magistrate is satisfied, an order can be made for the husband to pay a monthly allowance for her maintenance.
🧭 Purpose and Significance
Section 144 ensures that individuals who have the means to support their dependents are legally obligated to do so, thereby providing financial security to those unable to maintain themselves. It serves to uphold the dignity and rights of wives, children, and parents, contributing to social justice and familial responsibility.
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