Maintenance is a crucial remedy in Indian law. It ensures that vulnerable family members are not left destitute when the person responsible for their support neglects or refuses to provide for them. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 deals with maintenance, extending protection to wives, children, and even parents.
Scope of Section 144 BNSS
This provision empowers a Magistrate to order monthly allowance for:
- A wife unable to maintain herself.
- Legitimate or illegitimate minor children.
- Major children unable to maintain themselves due to physical or mental incapacity.
- Father or mother who is unable to maintain themselves.
The order can be passed after summary proceedings and is intended to provide immediate relief rather than prolonged litigation.
Judicial Approach
Courts have consistently emphasized that maintenance is not charity but a legal right. In Bhuwan Mohan Singh v. Meena (2014), the Supreme Court held that neglecting to provide maintenance amounts to neglecting a fundamental obligation. The law intends to prevent vagrancy and ensure dignity for dependents.
Practical Importance
For women abandoned by husbands, for elderly parents neglected by children, or for children deserted by parents, Section 144 BNSS provides a quick remedy. Non-compliance with maintenance orders can even lead to imprisonment of the defaulter.
Conclusion
Section 144 BNSS is a vital safeguard of social justice. By recognizing maintenance as a right, it ensures that no individual is left destitute due to neglect by their family.