Maintenance
BHARTIYA NAGARIK SURAKSHA SANHITA, 2023
SECTION- 144

Maintenance

Maintenance means giving necessary supplies to a person for survival. It includes shelter, food and clothing and every aspect of human life, Which is essential for survival and existence.


Section 144 of the BNSS provides maintenance for the wife, children and parents.
It is secular in nature. It does not apply to any particular religion or sect but to all individuals equally irrespective of their religion.


A magistrate of first class may pass an order for maintenance to a person to give a monthly allowance to his wife or children or Parents.
The amount for the allowance is not fixed. It may be any sum. The magistrate, after considering the family status and conditions, orders for maintenance to such person.

The dependents who are liable to be maintained by a person are:
WIFE
MINOR CHILD
PARENTS
MAJOR CHILD

MAINTENANCE TO WIFE
•wife of a person who is not able to maintain herself.
•The term wife also includes a divorced wife Who has not re-married.
• If the wife is earning and earns sufficiently, then she can not claim maintenance.
• A wife shall not entitled to maintenance from her husband if she lives in adultery or refuses to reside with her husband or if she is living separately with the mutual consent of both of them.
• If a relationship is in the nature of Marriage and essential characteristics of marriage are found out, then a woman In a live-in relationship can also claim maintenance.

•Maintenance is a moral and legal obligation

> A husband cannot escape liability merely by saying he has no income.

Rajnesh v. Neha, (2021) 2 SCC 324

> Maintenance must ensure that the wife and children live with dignity. A man cannot avoid responsibility by remaining unemployed without valid reason.



MAINTENANCE TO MINOR CHILD
•A person is a minor when he is under eighteen years of age.
•A person is liable to maintain his minor child, whether legitimate or illegitimate.
•The father is liable to maintain his minor daughter when her husband is also minor and not able to maintain.


MAINTENANCE TO MAJOR CHILD
•A person is liable to maintain his major child (Daughter not being married.).
•The father is liable for the maintenance of his major son only when he is mentally or physically abnormal or in such a condition when he is unable to maintain himself. For example if he is paralyzed.

MAINTENANCE TO PARENTS
•It is liability and duty of a person to maintain his father or mother if they are unable to maintain themselves.


•Father or mother can claim maintenance from children.

•Applicable irrespective of gender — both sons and daughters have equal responsibility.

The parent must prove:

•Inability to maintain himself/herself.

•The child has sufficient means.

•Neglect or refusal to maintain by the child.


Vijaya Manohar Arbat v. Kashirao Rajaram Sawai (1987)

Landmark case where the Supreme Court held:

A daughter, whether married or unmarried, has equal duty to maintain parents under Section 125 CrPC.

The obligation is not limited to sons.



> Quote: “A daughter, after marriage, does not cease to be a daughter.”



Narinder Kaur v. Union of India, 2023

Delhi High Court emphasized that even when sons are unemployed, the employed daughter must contribute to parents’ maintenance.

Married status is not a bar if she is capable and earning.