Many people ask the same worried question: if a husband stops supporting his wife, or grown children neglect elderly parents, can a court order monthly maintenance? In many situations the answer is yes. The main criminal-court remedy is Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 125 of the Code of Criminal Procedure from 1 July 2024. This article explains that remedy in plain terms. It is a central law and applies across religions. Other remedies under personal laws and the Domestic Violence Act exist but are not covered here. Who can claim under Section 144 BNSS A first-class Magistrate can order a person who has enough means, but neglects or refuses to maintain certain dependants, to pay a monthly allowance. The dependants listed are a wife who cannot maintain herself, a child (legitimate or illegitimate, married or not) who cannot maintain itself, an adult child with a physical or mental abnormality or injury, and a father or m...
Plain-language legal awareness from Advocate Prabal Bhandari, Advocate R.K. Bhandari & Associates, Ludhiana (since 1986). Guides on labour law, EPF and ESI compliance, the new Labour Codes, POSH, gratuity, cheque bounce and money recovery, for employers, HR teams and individuals across India.