Weighing your request
Weighing your request
Quick Answer
Section 125 BNSS is the religion-neutral maintenance jurisdiction available to all communities. The applicant must show (i) the relationship; (ii) neglect or refusal to maintain; (iii) inability of the applicant to maintain himself/herself; and (iv) sufficient means of the respondent. The Magistrate can order monthly maintenance, with an interim maintenance facility and arrears recovery. The Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324, laid down comprehensive guidelines for maintenance computation including affidavits of disclosure of assets and liabilities.
Statutory reference
Section 125 BNSS 2023
A maintenance petition is filed before the Family Court or Magistrate where the claimant resides, and interim maintenance is the real first battle — courts can and do order monthly payments while the main petition is pending. Since Rajnesh v. Neha (2020), both sides must file a sworn affidavit of assets and liabilities, and maintenance is normally payable from the date of application, not the date of the order — so delay by the paying spouse builds arrears rather than saving money. Quantum turns on the payer's real income and lifestyle (bank statements, ITRs, and visible spending all count), the claimant's own income, and the standard of living during the marriage. Enforcement has teeth: arrears are recoverable through warrants, attachment, and even civil imprisonment for wilful default.
Worked example
A Gurgaon wife with a young child files a maintenance petition (Section 144 BNSS, the provision formerly numbered Section 125 CrPC) after separation, disclosing her ₹35,000 monthly salary; the husband, a senior manager, declares only ₹60,000. Her lawyer summons his bank statements and Form 16, which show ₹2.4 lakh monthly plus bonuses and an EMI on a second flat. Applying the Rajnesh framework, the Family Court awards ₹45,000 interim maintenance for wife and child from the date of filing — creating eight months of arrears at the first effective hearing. Faced with a warrant for the arrears, the husband proposes a comprehensive settlement that folds maintenance into mutual consent divorce terms.
Related practice areas
Provision (formerly Section 125 CrPC) allowing wife, children, and parents to claim monthly maintenance from a person of sufficient means who has neglected to maintain them. Religion-neutral and procedure-friendly.
Section 125 BNSS is governed by Section 125 BNSS 2023. Section 125 BNSS is the religion-neutral maintenance jurisdiction available to all communities. The applicant must show (i) the relationship; (ii) neglect or refusal to maintain; (iii) inability of the applicant to maintain himself/herself; and (iv) sufficient means of the respondent. The Magistrate can order monthly maintenance, with an interim maintenance facility and arrears recovery. The Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324, laid down comprehensive guidelines for maintenance computation including affidavits of disclosure of assets and liabilities.
Section 125 BNSS falls under Family & Matrimonial. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — your first step is a free case assessment with no obligation.
Definitions describe the framework — your case lives in its facts. Talk to a Bar-Council-verified advocate. Case assessment is free and comes with no obligation; callback usually within 24 hours.