Criminal LawSection 144, Bharatiya Nagarik Suraksha Sanhita, 2023

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.

Reviewed by LegalX Editorial · 3 September 2026View sourcePowered by IKanoon

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