Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 144: Order for Maintenance of Wives, Children, and Parents
(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 minor 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 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:
Provided that the Judicial Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Judicial Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:
Provided further that the Judicial 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 Judicial 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—
- (a) minor means a person who, under the provisions of the Indian Majority Act, 1875, is deemed not to have attained his majority;
- (b) 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 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 Judicial Magistrate shall cancel the order.
Brefe Detail
This section of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the obligations of individuals with sufficient means to provide maintenance for their spouses, children, and parents who cannot maintain themselves. It allows a Judicial Magistrate to order monthly allowances and interim maintenance, while also setting conditions under which these allowances can be denied or canceled.
Question & Answers
What is the purpose of Section 144?
Section 144 mandates individuals with sufficient means to maintain their spouses, children, and parents who are unable to support themselves.
Who can be ordered to pay maintenance?
A person who has sufficient means and neglects or refuses to maintain their wife, children, or parents can be ordered to pay maintenance.
What types of children are covered under this section?
Both legitimate and illegitimate minor children, as well as adult children with physical or mental disabilities, are covered.
Can a wife receive maintenance if she is living in adultery?
No, a wife living in adultery or refusing to live with her husband without sufficient reason is not entitled to receive maintenance.
What happens if a person fails to comply with the maintenance order?
The Magistrate may issue a warrant for levying the amount due and may impose imprisonment for up to one month for non-compliance.
Example
- A husband who earns a substantial income but refuses to support his wife who is unable to maintain herself can be ordered by a Judicial Magistrate to pay her monthly maintenance.
- If a father neglects his minor child who cannot support itself, the court can require him to provide a monthly allowance until the child reaches adulthood.
- A wife living separately by mutual consent may not receive maintenance, as it disqualifies her under this section.
Summary
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the duty of individuals with adequate financial resources to support those who cannot maintain themselves, including spouses, children, and parents. It delineates the conditions under which maintenance can be requested, granted, or denied, and outlines the consequences for failing to comply with maintenance orders.
