Who can claim maintenance and how?
Under Section 144 of the BNSS 2023 (formerly Section 125 CrPC), a wife (including a divorced wife who hasn't remarried), minor children, and parents who can't maintain themselves can claim monthly maintenance from a person who has sufficient means but neglects them. You apply to a Magistrate; relief is meant to be quick and is in addition to remedies under personal laws.
1Who can claim
A wife unable to maintain herself, legitimate or illegitimate minor children (and adult children with disabilities), and parents unable to support themselves. The claim is against a person with sufficient means who neglects or refuses to maintain them.
2The process
File an application before the Magistrate's court under Section 144 BNSS. The court can order interim and final monthly maintenance. Separate, often larger, claims are also available under the Hindu Marriage Act, HAMA and the Domestic Violence Act.
Frequently asked questions
Can a working wife claim maintenance?
She can, but the court considers her income and needs. Maintenance is meant to prevent destitution and maintain a reasonable standard of living, so a wife earning enough to maintain herself may get reduced or no maintenance.
Related reading
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General information for AY 2026-27, not professional advice. Laws change with each Finance Act, notification or amendment and depend on your specific facts — verify the current position with a licensed CA or advocate before acting.