ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
Order for maintenance of wives, children and parents.
Section 144. (1) If any person having sufficient means neglects or refuses to maintain-
- (a) his wife, unable to maintain herself; or
- (b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or
- (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; or
- (d) his father or mother, unable to maintain himself or herself,
A 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:
Provided that the Magistrate may order the father of a female child
referred to in clause (b) to make such allowance, until she attains her
majority, if the Magistrate is satisfied that the husband of such female
child, if married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the pendency of the
proceeding regarding monthly allowance for the maintenance under this
sub-section, order such person to make a monthly allowance for the interim
maintenance of his wife or such child, father or mother, and the expenses of
such proceeding which the Magistrate considers reasonable, and to pay the same
to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the
interim maintenance and expenses of proceeding under the second proviso shall,
as far as possible, be disposed of within sixty days from the date of the
service of notice of the application to such person.
Explanation. For the purposes of this Chapter, "wife" includes a woman who has
been divorced by, or has obtained a divorce from, her husband and has not
remarried.
(2) Any such allowance for the maintenance or interim maintenance a
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:
Provided that no warrant shall be issued for the recovery of any amount
due under this section unless application be made to the Court to levy such
amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on
condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an
order under this section notwithstanding such offer, if he is satisfied that
there is just ground for so doing.
Explanation. If a husband has contracted marriage with another woman or
keeps a mistress, it shall be considered to be just ground for his wife's
refusal to live with him.
(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.
Corresponding Provision: Section 125 of Cr.PC., 1973
📕 BNSS section 144 maintenance approval or Not approval
Procedure
Section 145 (1) proceedings under section 144 may be taken against any person in any district-
- (A) Where he is; or
- (B) where he or his wife resides; or
- (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or
- (d) where his father or mother resides.
(2) All evidence in such proceedings shall be taken in the presence of the
person against whom an order for payment of maintenance is proposed to be
made, or, when his personal attendance is dispensed with, in the presence of
his advocate, and shall be recorded in the manner prescribed for
summons-cases:
Provided that if the Magistrate is satisfied that the person against
whom an order for payment of maintenance is proposed to be made is wilfully
avoiding service, or wilfully neglecting to attend the Court, the Magistrate
may proceed to hear and determine the case ex parte and any order so made may
be set aside for good cause shown on an application made within three months
from the date thereof subject to such terms including terms as to payment of
costs to the opposite party as the Magistrate may think just and proper.
(3) The Court in dealing with applications under section 144 shall have power
to make such order as to costs as may be just.
Corresponding Provision: Section 126 of Cr.PC., 1973
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