₹10,000
Maximum Monthly (subject to revision)
2-3 Months
Typical Timeline
All Religions
Secular Provision
Overview of Section 125 BNSS
Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 125 of CrPC) provides a quick, summary remedy for maintenance to prevent destitution and vagrancy. It applies to all persons regardless of religion. This provision is independent of personal laws and does not require proof of divorce.
Purpose: To provide a speedy and inexpensive remedy to ensure that wives, children, and parents are not left destitute.
Who Can Claim Maintenance?
Wife (unable to maintain herself) Minor children (legitimate or illegitimate) Legitimate adult children with disabilities Parents (unable to maintain themselves)
Quantum of Maintenance
Factors Considered
- Income of the person liable to pay
- Reasonable needs of claimant
- Standard of living
- Number of dependents
- Obligations of the payer
Maximum Limit
- ₹10,000 per month (subject to revision)
- Courts may award higher in deserving cases
- Interim maintenance during pendency
- Can be increased with inflation
Procedure for Filing
Step-by-Step
- File application before Magistrate
- Summary proceedings (not full trial)
- Interim maintenance can be ordered quickly
- Final order after giving opportunity to both parties
- Enforcement through attachment of wages/property
Timeline
- First hearing: 2-4 weeks after filing
- Interim order: 1-2 months
- Final order: 3-6 months
Enforcement of Maintenance Order
Attachment of salary/wagesAttachment of propertyWarrant for levy of amountImprisonment (up to 1 month) for non-payment
Note: Section 125 maintenance is in addition to other maintenance under personal laws. Claimant can file simultaneously under both provisions.
Legal Disclaimer: This information is for educational purposes only. Consult a qualified lawyer.