Maintenance under Section 144 BNSS: Delhi Guide

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By Advocate Shubham Mehta · Updated 5 October 2026 · 9 min read

Maintenance under Section 144 BNSS lets a wife, child or parent who cannot support themselves claim a monthly allowance from a husband, father or child who has enough means but refuses to pay. It replaced Section 125 CrPC from 1 July 2024. In Delhi, the case is filed in the family court of the district, and the court can grant interim maintenance while the case is pending.

This guide explains who can claim, how much courts award, the step-by-step procedure, documents, timelines and how to enforce an order in Delhi.

What is maintenance under Section 144 BNSS?

Maintenance is a regular sum of money paid to support a dependant. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) gives a quick, low-cost remedy against neglect. It is meant to prevent destitution, not to punish anyone.

The provisions of Chapter IX of the old Code of Criminal Procedure have been carried into Chapter X of BNSS with almost no change in substance. Older judgments under Section 125 CrPC therefore still apply.

The full text is available on India Code.

Who can claim maintenance?

A claim succeeds only if the person asked to pay has sufficient means and has neglected or refused to maintain the claimant. An able-bodied man cannot avoid payment simply by saying he has no job.

• Wife who cannot maintain herself, including a divorced wife who has not remarried.
• Minor child, legitimate or illegitimate, whether married or not.
• Major child (other than a married daughter) who cannot maintain themselves due to a physical or mental abnormality or injury.
• Father or mother who cannot maintain themselves, against a son or daughter.

When a wife is not entitled

Under Section 144(4), a wife cannot get maintenance if she is living in adultery, refuses without sufficient reason to live with her husband, or the couple lives separately by mutual consent. A genuine reason for leaving, such as cruelty or the husband keeping another wife, is a sufficient reason.

Muslim women

In Mohd. Abdul Samad v. State of Telangana (2024), the Supreme Court held that a divorced Muslim woman can also claim maintenance under the secular provision, alongside the Muslim Women (Protection of Rights on Marriage) Act, 1986.

How much maintenance do courts award?

There is no upper limit under Section 144 BNSS. The family court fixes an amount that lets the claimant live with reasonable dignity, close to the standard enjoyed in the matrimonial home.

In Rajnesh v. Neha (2020), the Supreme Court listed the factors courts must weigh:

• Status of the parties and the reasonable needs of the wife and children.
• Income, assets and liabilities of both sides, including hidden or undisclosed income.
• Whether the wife is working or has an independent income, and whether it is enough.
• Expenses on the children’s education, health and residence.
• Other legal obligations of the husband, such as dependent parents.

In Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017), the Supreme Court treated 25% of the husband’s net salary as a reasonable benchmark for a wife. It is a guide, not a fixed rule.

Maintenance under other laws

A wife may have several remedies at once. Courts adjust the amount paid under one law against the other, so there is no double recovery.

Step-by-step procedure in Delhi

Every district in Delhi has family courts, including at Rohini, Tis Hazari, Karkardooma, Saket, Dwarka and Patiala House. Under Section 145 BNSS, you can file where the husband lives, where you live, or where you last lived together.

1. Draft the petition with marriage details, children, the husband’s income, your expenses and the facts showing neglect.
2. Attach the affidavit of assets and liabilities in the format approved in Rajnesh v. Neha.
3. File an application for interim maintenance with the main petition.
4. Court issues notice to the respondent, who must file a reply and his own income affidavit.
5. Mediation: Delhi family courts usually refer the parties to the court’s mediation centre first.
6. Interim order: the court decides interim maintenance, ideally within 60 days of notice.
7. Evidence and arguments on the main petition, with cross-examination of both sides.
8. Final order, payable from the date of the application in most cases.

If the husband deliberately avoids service, the court can proceed ex parte (in his absence). He may apply within three months to set aside such an order for good cause.

Documents required

How long does a maintenance case take?

Timelines vary with the court’s workload and how actively the respondent contests the case.

Enforcing a maintenance order

If the husband stops paying, file an execution petition before the same family court under Section 144(3) read with Section 147 BNSS. The court can issue a warrant to recover the amount like a fine, attach his salary or property, and even send him to prison for up to one month for each month of default.

In our practice at the Rohini and Tis Hazari family courts, the most common loss is avoidable: wives wait too long. The recovery application must be made within one year of the date the amount fell due. File for arrears every few months instead of letting them pile up.

Either side can seek a change in the amount under Section 146 BNSS if income or circumstances change.

Common mistakes to avoid

• Hiding your own income or job in the affidavit. Courts can reduce or deny maintenance for concealment.
• Claiming an inflated amount without bills or proof of the husband’s lifestyle.
• Filing for maintenance under several laws without disclosing the earlier cases.
• Not pressing the interim application, which provides relief while the case is pending.
• Letting arrears pass the one-year limit for recovery.

How a divorce lawyer in Delhi helps

Maintenance is often filed alongside or before a divorce, so the strategy should cover both. An experienced divorce lawyer in Delhi can choose the right forum, prepare a complete income affidavit, trace the other side’s real income and push for an early interim order.

Where there is violence at home, a domestic violence lawyer in Delhi can seek maintenance and protection together. Women are also entitled to free legal aid through the Delhi State Legal Services Authority.

For advice specific to your situation, you may consult a qualified advocate.

Frequently asked questions

Conclusion

Maintenance under Section 144 BNSS is a fast, practical remedy for a wife, child or parent left without support. Filing early with a complete income affidavit and pressing for interim maintenance gives the best chance of timely relief in Delhi family courts.

This guide was prepared with reference to Sections 144–147 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Hindu Marriage Act, 1955, the Protection of Women from Domestic Violence Act, 2005 (available on India Code), and the Supreme Court rulings cited above.

Related guides and services

• Divorce Lawyer in Delhi
• Domestic Violence Lawyer in Delhi
• Child Custody Lawyer in Delhi
• Divorce process in Delhi
• Child custody law in Delhi

Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm

This article is for general information only and is not legal advice.