Maintenance Rights: From Sec 125 CrPC to Sec 144 BNSS

Economic dependence is often the reason women or elderly parents suffer in silence. The law provides a swift and effective remedy for 'Maintenance' to prevent destitution. This was formerly Section 125 CrPC and is now Section 144 of the BNSS, 2023.

Who is Entitled to Maintenance?
1. Wife: If she is unable to maintain herself. (Includes divorced wife who has not remarried).
2. Children: Minor children (legitimate or illegitimate). Major children only if they are physically/mentally abnormal.
3. Parents: Elderly father or mother unable to support themselves.

The Change: Section 144 BNSS
The new code retains the spirit of the benevolent provision. The application is filed before the Family Court or Judicial Magistrate. The key objective is to provide food, clothing, and shelter.

Interim Maintenance (Immediate Relief)
Cases can drag on. The proviso to Section 144 BNSS empowers the Magistrate to order Interim Maintenance (monthly allowance) while the case is pending. The application for interim maintenance must typically be decided within 60 days of notice service.

Defenses for the Husband
Maintenance can be denied if:
- The wife is living in adultery.
- She refuses to live with the husband without sufficient reason.
- They are living separately by mutual consent.

Enforcement
If the order is disobeyed, the court can issue a warrant for levying the amount (like a fine) or sentence the defaulter to imprisonment (1 month for each month's default).

Senior Citizens Act, 2007
Apart from BNSS 144, parents can also approach the Tribunal under the Senior Citizens Act, which is often faster and more summary in nature.