procedure of Maintanance Case u/s 144 of BNSS
Procedure for Maintenance under Sec 144 BNSS
(Formerly Section 125 CrPC)
Table of Contents
Section 144 BNSS (formerly Sec 125 CrPC) is a social welfare provision. To prevent delays, the Supreme Court in Rajnesh vs Neha and Aditi vs Jitesh has laid down strict procedural safeguards which are now integral to the BNSS procedure.
Stage 1: Filing the Petition & Affidavit
The process begins with the "Petitioner" (Wife/Child/Parent) filing the application. However, a bare application is no longer sufficient.
- š The Application: Must clearly state the relationship, the Respondent's refusal to maintain, and the Respondent's sufficient means.
- šØ Mandatory Requirement (Rajnesh vs Neha):
The application MUST be accompanied by an Affidavit of Disclosure of Assets and Liabilities. Without this financial disclosure, the Court will not entertain the petition. This ensures the Court sees the true financial picture immediately.
Stage 2: Reply (WS) & Time Limit
This is where strict timelines apply to prevent the husband from dragging the case.
The Written Statement (Reply)
The Respondent must file their Reply denying allegations. Crucially, they must also file their own Counter-Affidavit of Assets along with the Reply.
Time Limit (Aditi vs Jitesh)
While BNSS doesn't hardcode a number, the Supreme Court mandates the Reply + Affidavit be filed within 4 Weeks.
Strict Rule: Generally, not more than 2 opportunities are given. If he fails to file, his right to defense may be struck off.
Stage 3: Interim Maintenance (The 60-Day Proviso)
The 3rd Proviso to Sec 144(1) BNSS retains the statutory mandate for speed.
- Arguments on Interim: The Court compares the two Affidavits (Wife's Needs vs Husband's Income). No detailed evidence is led at this stage.
- The Order: The Court must dispose of the application for Interim Maintenance within 60 days of the service of notice. This amount is payable immediately while the main trial continues.
Stage 4: Evidence & Final Order
The Summary Trial concludes the matter.
1. Petitioner's Evidence (PE): Wife steps into the witness box to prove neglect and husband's income status (cross-examination applies).
2. Respondent's Evidence (RE): Husband must prove he does not have means or has a valid defense (e.g., Wife living in adultery - Sec 144(4)).
3. Final Arguments: Concluding submissions.
Maintenance is usually awarded from the date of application (Rajnesh vs Neha), creating a substantial arrears amount.
Stage 5: Execution (Recovery)
If the Husband fails to pay the ordered amount:
- ā” Sec 144(3) BNSS: The Wife files an Execution Petition. The Magistrate issues a Warrant for levying the amount (Attachment of Salary/Property).
- āļø Civil Imprisonment: If he still wilfully neglects to pay, the Court can sentence him to imprisonment for up to 1 month for each month's default.
Drafted by Advocate Hamza
High Court of Delhi | Family Law Specialist
Visit: www.advocatehamza.in