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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
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 — the first consultation is free.