Indian maintenance law | Case-law reference
Maintenance Judgments for Husbands: Section 125 CrPC and Section 144 BNSS
A practical guide to maintenance disputes, financial capacity, separation, divorced spouses, children and parents, with historical Supreme Court and High Court case references.
What does Section 144 BNSS provide?
Section 144 permits a Magistrate of the first class to order monthly maintenance where a person with sufficient means neglects or refuses to maintain a qualifying wife who cannot maintain herself, qualifying children, or a father or mother unable to maintain themselves. It also provides for interim maintenance and litigation expenses. A divorced woman who has not remarried is included in the statutory definition of wife for this purpose.
Under Section 144(4), a wife is not entitled to an allowance under that section if she is living in adultery, refuses to live with her husband without sufficient reason, or the spouses are living separately by mutual consent. The statutory exceptions require proof and careful interpretation; their application to divorced spouses differs. See the official government-hosted BNSS text (Section 144).
When can maintenance be contested or reduced?
A respondent may present evidence of the applicant's sufficient independent income, actual expenses, financial disclosures, genuine earning capacity, the respondent's resources and liabilities, existing maintenance orders, or a statutory disqualification where applicable. Employment alone is not a universal bar: the court considers whether the applicant can maintain a reasonable standard of living in the circumstances.
In Rajnesh v. Neha (2020), the Supreme Court issued guidelines for disclosure of assets and liabilities, determining maintenance, and accounting for overlapping maintenance orders. The ruling is important to both applicants and respondents. Read the judgment.
Desertion, divorce and the right to maintenance
The Supreme Court in Rohtash Singh v. Ramendri, (2000) 3 SCC 180, explained that a divorced wife who has not remarried may remain eligible for maintenance even where divorce was granted on the ground of desertion. Accordingly, this decision must not be described as a blanket judgment denying maintenance to a deserting divorced wife. Read the judgment.
Historical maintenance decisions and citations
The following cases are retained from the original article as a historical research index. Their short descriptions reflect issues identified in the original compilation, not verified holdings or guarantees of a successful defence. Verify the full judgment, correct citation, procedural context and subsequent treatment before relying on any entry. The source compilation repeated one case, which appears once below.
| Issue in original compilation | Court or authority | Case details and citations as originally supplied |
|---|---|---|
| Reduced interim maintenance | Supreme Court | (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC) |
| Wife is not entitled to maintenance who deserted her husband | Supreme Court | Bench Hbl JJ. S. Ahmed & D. Wadhwa, order on 02-03-200, AIR 2000 SC 952, 2000(2) ALD Cri 15, 2000Cr. LJ 1498, Rohtash Singh Vs Smt. Ramendrei & Ors. Citation No. (2000) 3 SCC 180; JT 2000 (2) SC 553 |
| Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife | High Court of Chhattisgarh | Hbl J., L. C. Bhadoo, order on 15 -02-2004, Crl. Revision No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav |
| Husband can get PF details of wife | CIC, Delhi | Decision No. 1816/ IC (A) 2008, F No. CIC/MA/A/2007/00583, Prof M.M. Ansari, order on 10 Jan 2008 |
| Wife guilty of contempt of court, maintenance denied with cost | High Court of Delhi | Hbl J. S. N. Dhingra, order on 25-01-2010, Cont. Case (C) 482 of 2008, Gurbinder Singh Vs Manjit Kaur |
| Children have to maintain their parents | High Court Gujrat | Hbl J. Akhil Kureshi, order on 09-02-2011, CR RA/759 of 2009, 4/4, Hasmukhbhai Narayan Bhai Viramiya Vs State & Ors |
| Conditions when maintenance to be paid | High Court Delhi | Mr. Pradeep Nandrajog J., order reserved on 02-04-2007, order on 14-04-2007, CM (M) No. 367 of 2007, Alok Kumar Jain Vs Purnima Jain. Citation No. 2007 (96) DRJ 115 |
| All states amends in Sec 125 CrPC is invalid | Supreme Court of India | Bench Hbl M. Katju, Gyan Sudha Mishra JJ., order on 11 Jan 2011, Crl Appeal No. 107 of 2011, SLP (Crl) No. 6568 of 2009, Manoj Yadav Vs Pushpa Yadav. Citation No. 2011 : 1 L.W. (Crl.) 520 |
| Wife should clear that she is unable to maintain her. No maintenance to enable wife who deserted her husband | High Court Karnataka | Bench Hbl J. M. Patil, order on 13-02-1980, Haunsabai Vs Balkrishna Krishna Badigar. Citation Nos. 1981 Cri LJ 110; ILR 1980 KAR 612; 1980 (2) Kar LJ 158 |
| Maintenance on actual earning | High Court Delhi | Hbl J. Shiv Narayan Dhingra, order reserved 25-07-2008, order on 18-09-2008, CM (M) No. 1790 of 2006 and CM No. 1435 of 2006, Ritu Raj Kant Vs Anita. Citation No. 154 (2008) DLT 505 |
| Maintenance denied for working wife | High Court Madras | Hbl A. S. Venkatachalamoorthy J., order on 21-06-2002, Kumaresan Vs Aswathi. Citation No. (2002) 2 MLJ 760 |
| No maintenance for capable and working wife | High Court Maharastra | Hbl J. C. Chitre J., order on 24-03-2000, Smt. Mamta Jaiswal Vs Rajesh Jaiswal. Citation No. 2000 (4) MPHT 457; II (2000) DMC 170 |
| No maintenance to earning wife, only to children | High Court Karnataka | Hbl K. Manjunath J., order on 22-08-2005, AIR 2005 Kant 417, ILR 2005 KAR 4981, Dr. E. Shanthi Vs Dr. H K. Vasudev |
| No Maintenance to working wife in 125 CrPC | High Court Madras | Hbl P. Sathasivam J., order on 21-01-2003, Manokaran @ Ramamoorthy Vs M. Devaki. Citation Nos. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752 (Mad), CMP No. 16264 of 2002 |
| No Maintenance to wife, but only to child | High Court of Mumbai | Hbl J. B. L. Marlapalle, order on 18-7-2009, Appeal No. 20 of 2005 and 144 of 2005, Smt. Manju Kamal Mehra Vs Kamal Puskar Mehra. Citation Nos. 2010 AIR (Bom) 34; 2009 (5) AIIMR 798; Legal/ 360.in 114983; LS/Bom/2009/1374 |
| No maintenance U/s 125 CrPC when wife deserts hubby without cause and also she is earning. No Maintenance to capable wife, but only to child and no maintenance to wife living in adultery | High Court of Uttaranchal | Hbl J. Alok Singh, order on 18-11-2009, Crl. Rev. No. 201 of 2006, Smt. Archana Gupta & ors Vs Rajeev Gupta |
| Wife should clear that she is unable to maintain herself | High Court of Allahabad | Hbl J. B. Katju, order on 25-03-1976, Manmohan Singh Vs Smt. Mahindra Kaur. Citation No. 1976 Cri LJ 1664 |
| No Maintenance if wife is working | High Court of Uttaranchal | Hbl J. Dharamveer, order on 25-10-2010, Crl Rev. No. 88 of 2002, Vikas Jain Vs Deepali @ Ayushi. Citation No. LAWS (UTN) 2010-1-36 |
| Wife living separate troubled in family no maintenance | High Court of Madras | Hbl J. P. R. Shiva Kumar, order on 22-02-2008, Crl. R. C. No. 1491 of 2005, Marimuthu Vs Janaki. Citation No. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752 |
Source accuracy: Some older entries have apparent date, court, citation or characterization inconsistencies. In particular, the original attribution of Mamta Jaiswal to a Maharashtra High Court is questionable, and the Marimuthu entry repeats citations associated with a different case. The source's broad assertion that all state amendments to Section 125 are invalid should not be treated as a general rule without examining the relevant judgment and legislation.
Children and parents have independent maintenance rights
Disputes about spousal maintenance do not automatically extinguish a child's entitlement. Section 144 BNSS separately protects qualifying children and parents. A court must examine each eligible claimant and the statutory conditions independently.
How to prepare a maintenance case
Keep income-tax returns, salary records, bank statements, employment and business records, proof of dependants, medical and housing expenses, prior court orders and evidence relevant to the reason for living separately. Provide accurate financial disclosures and seek advice on the applicable law and jurisdiction.
Official legal resources
Consult the India Code legislation database, the Supreme Court of India and the eCourts judgment search portal for legislation and authentic judicial records. The official BNSS text is linked above.
Related case-law guides
Explore the site's Section 125 CrPC case-law collection, Domestic Violence Act judgments and Hindu Marriage Act cases.
This article is general legal information, not advice for an individual dispute. Legal outcomes depend on the evidence, applicable statutory scheme and binding precedents.