How Can I Claim Maintenance under Section 144 of BNSS If My Husband Has Abandoned Me?

A woman whose husband has deserted her is not only facing emotional trauma but is also likely to face financial problems. In India, the law acknowledges this injustice and thus provides a solid substantive remedy. As per Section 144 of the Bhartiya NAGRIK SURAKSHA SANHITA, a wife can claim maintenance (meaning monthly financial support) from her husband if she is not able to maintain herself.

This blog is going to explain, in a straightforward manner, how a woman can claim maintenance under Section 144 BNSS, the process, and what's important to keep in mind while doing so.

Understanding Section 144 BNSS

Section 144 BNSS is legislation that will prevent destitution and vagrancy. It states that a man who has the means may not withhold basic financial support from his wife, children, or parents.

In the case of a wife, this allows her to apply for monthly maintenance, given the following criteria:

• She is legally married.

• She was abandoned or neglected by her husband for sufficient reason.

• She is unable to maintain herself.

The law is secular and applies to all women's right to maintenance.

Who Can Apply Under This Section?

A woman can apply under Section 144 BNSS if she meets the following requirements:

• She is a legally married spouse.

• Her husband has abandoned her without maintenance.

• Her income is not sufficient to provide her with maintenance.

• She is not living in adultery, and

• She did not refuse to live with her husband without just cause.

Also, divorced wives can claim maintenance if they have not remarried and are living in circumstance that prevent them from supporting themselves.

Procedure to Claim Maintenance Under Section 144 BNSS

1. Consult a Legal Professional

The first step is to get in touch with a law firm or advocate who specialises in family law. An experienced lawyer will assess your case and prepare the necessary documents.

2. Drafting the Petition

Your attorney will prepare a petition for maintenance, which will include the following:

• Facts about your marriage.

• Date or period of separation or abandonment.

• Your financial position and situation.

• Your husband's income and financial position (to the extent known).

• The amount of maintenance you are seeking.

The petition is made in the magistrate's court that has jurisdiction over the place you live in or the place your husband resides.

3. Court Issues Notice to Husband

After the petition is filed, the court issues a notice to the husband directing him to appear and respond. He will be allowed to file his reply.

4. Evidence and Hearing

Both you and your husband will provide evidence and witnesses. In summary, proof of:

• Marriage (photos, certificates).

• Abandonment or separation.

• The husband's income or value of assets through documents or testimony.

• Evidence that you cannot support yourself.

If there is a need, you may be required to testify under oath.

5. Interim Maintenance

While the case is ongoing, the court may grant interim maintenance—a temporary monthly amount—to meet your immediate financial needs.

6. Final Order

Following the presentation of both parties, the magistrate will determine whether you are entitled to receive maintenance payments. If the magistrate determines you are entitled to maintenance, the magistrate will decide the monthly amount that your husband must pay. The amount is based on the following:

• Income and expenses of your husband;

• Updated reasonable needs;

• Standard of living during the marriage; and

• Number of dependents (such as children).

How Much Maintenance Can Be Awarded?

No fixed amount is stated in law. However, in India, the judicial trend has evolved to awarding, inclusive of a judge and not to be confused with alimony, 20% to 30% of the husband’s net monthly income by court order to the wife, dependent on individual case particulars. Courts will consider:

• the husband’s employment history, salary, property ownership, and liabilities,

• the wife’s financial situation, and,

• any children or dependents.

What Happens If the Husband Does Not Pay Maintenance?

What can the wife do if the husband does not pay maintenance, as per the court's order?

• He can be issued a warrant.

• His property or salary can be attached by the court.

• In serious cases, he can go to jail for one month for each month that he doesn't pay.

The wife can file a petition in the same court to enforce the maintenance order.

Notable Case Laws

1. Shamima Farooqui v. Shahid Khan, (2015) 5 SCC 705. – In a landmark decision, the Supreme Court ruled that a woman should not be left dependent or destitute by her husband's inaction. Maintenance must be reasonable and sufficient.

2. Chaturbhuj v. Sita Bai, (2008) 2 SCC 316. – Furthermore, the court decided that the husband cannot escape responsibility under the mistaken belief that, as there are no fixed earnings, he is not thought to have to contribute, as he is no longer in fixed employment, and while that may be true, he physically can work if he chooses to.

Documents Required

To support your petition, you will typically need:

• Marriage certificate or wedding photographs.

• Identity and address proof (Aadhaar, Voter ID, etc.).

• Details of your husband’s income (if available).

• Bank account details for receiving maintenance.

If additional documents are needed, your lawyer will guide you accordingly.

In conclusion, wife who has been deserted by her husband may face financial and emotional insecurity. However, Section 144 OF the BHARTIYA NAGRIK SURAKSHA SANHITA (BNSS) gives women the right to access financial support fairly through the legal system. You do not even have to be divorced to apply for maintenance - a legally married woman can go to the court even if she has been deserted. If you or someone you know is in this predicament, then it is prudent to obtain appropriate legal advice and to protect your rights. With the assistance of an experienced legal team, you can regain some degree of stability and dignity.