Section 144. Order for maintenance of wives, children and parents
(1)
If any person having sufficient
means neglects or refuses to maintain—
means neglects or refuses to maintain—
(a)his wife, unable to maintain herself; or
(b)his legitimate or illegitimate child, whether married or not, unable to maintain itself; or
(c)his legitimate or illegitimate child (not being a married daughter) who has attained majority,
where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself;
or
(d)his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a
monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as
such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time
direct:
ExplanationFor the purposes of this Chapter, “wife” includes a woman who has been divorced by,
or has obtained a divorce from, her husband and has not remarried.
Provisothe Magistrate may order the father of a female child referred to in clause (b) to make
such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female
child, if married, is not possessed of sufficient means:
Provisothe Magistrate may, during the pendency of the proceeding regarding monthly
allowance for the maintenance under this sub-section, order such person to make a monthly allowance for
the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding
which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from
time to time direct:
Provisoan application for the monthly allowance for the interim maintenance and expenses
of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the
date of the service of notice of the application to such person.
(2)
Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall
be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or
interim maintenance and expenses of proceeding, as the case may be.
be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or
interim maintenance and expenses of proceeding, as the case may be.
(3)
If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate
may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for
levying fines, and may sentence such person, for the whole or any part of each month's allowance for the
maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid
after the execution of the warrant, to imprisonment for a term which may extend to one month or until
payment if sooner made:
may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for
levying fines, and may sentence such person, for the whole or any part of each month's allowance for the
maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid
after the execution of the warrant, to imprisonment for a term which may extend to one month or until
payment if sooner made:
ExplanationIf a husband has contracted marriage with another woman or keeps a mistress, it shall
be considered to be just ground for his wife's refusal to live with him.
Provisono warrant shall be issued for the recovery of any amount due under this section unless
application be made to the Court to levy such amount within a period of one year from the date on which it
became due:
Provisoif such person offers to maintain his wife on condition of her living with him, and
she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may
make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for
so doing.
(4)
No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance
and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without
any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without
any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5)
On proof that any wife in whose favour an order has been made under this section is living in
adultery, or that without sufficient reason she refuses to live with her husband, or that they are living
separately by mutual consent, the Magistrate shall cancel the order.
adultery, or that without sufficient reason she refuses to live with her husband, or that they are living
separately by mutual consent, the Magistrate shall cancel the order.