Only a wife who is completely unemployed can get maintenance.

Courts have held that even a wife with some income can get maintenance if it isn't enough to live at a standard reasonably similar to her husband's.

This provision is only for Hindus or applies differently based on religion.

This is a secular, religion-neutral provision applicable to all wives, children, and parents regardless of personal law, meant purely to prevent destitution.

A divorced wife loses all rights to claim maintenance under this section.

The Explanation makes clear that a divorced wife who hasn't remarried is still included in the definition of 'wife' for this purpose.

Maintenance orders, once made, are permanent no matter what happens later.

Under sub-section (5), if it's proven the wife is living in adultery, refuses to live with her husband without good reason, or they've mutually separated, the magistrate must cancel the order.

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 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 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.§

Why this exists

This provision (earlier Section 125 of the Code of Criminal Procedure, 1973, now re-enacted in the BNSS, 2023) exists to provide a quick, low-cost remedy against destitution for family members who depend on someone but are denied support. It is meant as a social welfare measure, not a civil property or inheritance right, ensuring that wives, children, and aged parents are not left without means of survival due to family neglect, regardless of religion.

How courts read it

Courts have long treated this provision (as Section 125 CrPC) as a summary, welfare-oriented remedy meant to prevent vagrancy and destitution, not to settle matrimonial disputes. In Rajnesh v. Neha (2020), the Supreme Court laid down detailed guidelines on interim maintenance, disclosure of income through affidavits, and avoiding delay — much of which is reflected in the added provisos on interim maintenance and the 60-day timeline. In Chaturbhuj v. Sita Bai and similar cases, courts clarified that even a wife with some income can claim maintenance if it is insufficient to maintain a standard of living reasonably comparable to her husband's. Cases like Savitaben Somabhai Bhatiya examined who qualifies as a 'wife' under this provision. These interpretations continue to guide how the re-enacted Section 144 of the BNSS is applied.

Common misconceptions

Myth: Only a wife who is completely unemployed can get maintenance.
Fact: Courts have held that even a wife with some income can get maintenance if it isn't enough to live at a standard reasonably similar to her husband's.
Myth: This provision is only for Hindus or applies differently based on religion.
Fact: This is a secular, religion-neutral provision applicable to all wives, children, and parents regardless of personal law, meant purely to prevent destitution.
Myth: A divorced wife loses all rights to claim maintenance under this section.
Fact: The Explanation makes clear that a divorced wife who hasn't remarried is still included in the definition of 'wife' for this purpose.
Myth: Maintenance orders, once made, are permanent no matter what happens later.
Fact: Under sub-section (5), if it's proven the wife is living in adultery, refuses to live with her husband without good reason, or they've mutually separated, the magistrate must cancel the order.