Maintenance & Alimony under BNSS Section 144 (Old CrPC Section 125): Who Can Claim? (2026)

Introduction

Maintenance is a legal right that enables certain family members who are unable to maintain themselves to receive financial support from a person who has a legal obligation to provide such support. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 144 corresponds to the former Section 125 of the Code of Criminal Procedure (CrPC), 1973, providing a speedy and effective remedy for maintenance.

The primary purpose of this provision is to prevent destitution and ensure that eligible dependents receive financial assistance for their basic needs.

This guide explains who can claim maintenance under BNSS Section 144, eligibility, legal procedure, required documents, factors considered by the court, and important legal considerations.

What is Maintenance under BNSS Section 144?

Maintenance is a monthly financial allowance that a person may be directed by a competent court to pay to eligible dependents who are unable to maintain themselves.

The object of the provision is to ensure that close family members are not left without basic financial support.

BNSS Section 144 and Old CrPC Section 125

The maintenance provisions that were earlier contained in Section 125 of the Code of Criminal Procedure, 1973 are now substantially incorporated under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The remedy continues to provide a summary procedure for claiming maintenance.

Who Can Claim Maintenance?

Subject to the applicable law and the facts of each case, maintenance may generally be claimed by:

 Wife

A wife who is unable to maintain herself may seek maintenance, subject to the legal requirements prescribed under the BNSS and other applicable laws.

 Children

Maintenance may generally be claimed for:

• Minor children.

• Legitimate or illegitimate children, where permitted by law.

• Adult children who are unable to maintain themselves due to physical or mental disability, subject to applicable legal provisions.

Parents

Father or mother who are unable to maintain themselves may seek maintenance from their children, subject to the applicable legal requirements.

Who is Liable to Pay Maintenance?

Depending on the circumstances, maintenance may be ordered against a person having a legal obligation to support the claimant and who has sufficient means to do so.

The court decides liability based on the applicable law and the evidence before it.

Conditions for Claiming Maintenance

The claimant generally needs to establish:

• A legally recognized relationship.

• Inability to maintain themselves.

• The respondent has sufficient means.

• Neglect or refusal by the respondent to provide maintenance.

• Compliance with other legal requirements under the applicable law.

Difference Between Maintenance and Alimony

Step-by-Step Process to Claim Maintenance

Step 1: Consult a Family Lawyer

A lawyer can advise on:

• Eligibility.

• Applicable legal provisions.

• Appropriate forum.

• Documents required.

• Available legal remedies.

Step 2: Prepare the Petition

The maintenance petition generally includes:

• Details of the parties.

• Relationship between them.

• Facts showing neglect or refusal.

• Income details (where available).

• Financial needs of the claimant.

• Relief sought.

Step 3: File the Petition

The petition is filed before the competent court having jurisdiction under the applicable law.

Step 4: Notice to the Respondent

The court issues notice to the respondent, who is given an opportunity to file a reply.

Step 5: Evidence

Both parties may present:

• Income documents.

• Financial records.

• Witness testimony.

• Documentary evidence.

• Other relevant material.

Step 6: Court Order

After considering the facts, evidence, and applicable law, the court may pass an order granting or refusing maintenance.

Factors Considered by the Court

While determining maintenance, the court may consider:

• Income of both parties.

• Financial needs of the claimant.

• Standard of living.

• Number of dependents.

• Educational expenses.

• Medical expenses.

• Liabilities of the parties.

• Other relevant circumstances.

Each case is decided on its own facts.

Documents Generally Required

The following documents may generally be required:

• Identity proof.

• Address proof.

• Marriage certificate (where applicable).

• Birth certificates of children (if relevant).

• Income proof.

• Salary slips.

• Income Tax Returns (where available).

• Bank statements.

• Medical records (if relevant).

• Proof of expenses.

• Other supporting documents.