Maintenance of Wife under BNSS, 2023

The law of maintenance is based on the philosophy that no member should be left in poverty who does not have any means of earning and entirely depend on other member of the family for it’s basic needs.So basically maintenance is financial support that one individual legally bind to provide to another individual who is unable to fulfill its basic needs With the introduction of Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), which replaces Code of Criminal Procedure (CRPC) in India the rules were incorporated in Section 125 of CrPC , but now it changed to Section 144 of BNSS. Section 144 states that Magistrate can direct a husband to provide financial support to his wife after divorce if wife is unable to support herself, has no means of earning. Wife can be granted in two ways permanent alimony and

Section 144 of B.N.S.S/ Section 125 of CrPC provides there are 4 people who can clain maintenance :-

1. Wife
2. Legitimate Child/ Illegitimate Child
3. Legitimate/ Illegitimate child who have physical or mental abnormality attained age of majority (daughter shouldn’t be married) unable to maintain itself.
4. Father or Mother

Magistrate has the authority to give order for interim maintenance by husband to his wife during trail of cases including the proceedings as wife is depended on her husband before divorce. Husband failure to comply can lead to a warrant issue for levying the amount, warrant should be issue within 1 year from the date of non-payment of maintenance, but if husband didn’t pay then he can be imprisoned for upto 1 month for failure to pay even after warrant issue. Magistrate make sure that the dependants doesn’t suffer financially after separation and even during trail of court proceedings.

Grounds for maintenance

• Wife is unable to financially support herself.
• Husband have extramartial affairs, living in adultery can be a ground for refusal of wife with husband which is a justified reason to get maintenance.
• If any other reason provided by wife which is justified in eyes of law then judge can order to grant maintenance to wife even if husband is not ready to separate, wife itself willingly wants to separate.

Grounds of exclusion of wife’s maintenance

• If wife is living separately with her own consent, both separeted by mutual consent

• At the time of marriage wife was in adultery.

• After separation while husband is providing financial support she has been living in adultery, no maintenance would be provided.

Maintenance is not only provide for basic need of wife it should also maintain the standard of life that she was living before with her husband. Even if a wife is earning she cannot denied from maintenece just because she have a job if she has low income than husband and not able to meet her need then she can claim maintenance

Landmark Case Laws

In Savitaben Sambhai V. State of Gujarat, it was held by court that a women must be in a legally valid marriage to claim for maintenance.

Rajnesh V. Neha, it was held that wife cannot denied of maintenance only on the ground that she is earning. Court states that maintenance is a measure of justice

In the landmark case Moh. Ahmad Khan V. Shah Bano, it was ruled that Muslim women who are divorced are entitled to maintenance under secular law even after the iddat period, if they cannot support themselves.

 In the case of Kusum Sharma V. Mahinder Kumar Sharma, court held that both the parties need to submit their income affidavit to ensure that they can’t hide their income. Further it stated that maintenance must ensure dignified and maintain standard of life as she was living before, not just for basic survival needs.

There is a common belief that maintenance is a form of charity.
However, in the case of Shamima Farooqui V. Shahid Khan, the Supreme Court held that maintenance is a legal right, not a charity.

In conclusion, Section 144 of the BNSS reflects social justice and social security of women and protection of human dignity. It serves for women who take divorce and has no means to support themselves as many are depended on their husband for their needs in marriage. Law protect them from economic hardship and maintain social justice. Various judgements has been delivered on maintenance , the maintenance law is continuously evolving through judgements.