BNSS Section 144
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Short answer
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
In detail
Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first‑class magistrate may order any person who has enough means but neglects or refuses to support his wife, his legitimate or illegitimate child (including an adult child who cannot support himself because of a physical or mental condition), or his father or mother, to pay a monthly allowance. The order can also include interim maintenance while the case is pending, and the magistrate must try to decide such interim applications within sixty days. The allowance starts from the date of the order or, if specified, from the date of the application. If the person does not pay without a valid reason, the magistrate can issue a warrant to recover the amount and may imprison the defaulter for up to one month or until the money is paid. A warrant can only be issued if an application to recover the amount is made within one year of it becoming due. The law also allows the magistrate to order maintenance even if the husband offers it only on the condition that the wife lives with him, provided there are just grounds for refusal, such as the husband having another wife or mistress.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
Is it considered rape if a woman under 18 gives consent?
Yes, even with consent, any sexual penetration of a woman under 18 is classified as rape.
People also ask
- What happens if a person ordered to pay maintenance does not pay?
- Can a divorced woman claim maintenance under this law?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.