In a recent legal update, Section 144 BNSS 2023 has been introduced to provide better support for family members who are unable to take care of themselves. This law addresses situations where a person neglects or refuses to maintain their dependents, including their wife, children, and parents.
According to the new rules, if a person is financially capable but fails to support their wife, children, or parents, a Magistrate of the first class can intervene. The law covers several scenarios: if a wife is unable to support herself, if a child—whether legitimate or illegitimate—is unable to maintain themselves, or if an adult child who is physically or mentally impaired cannot support themselves. Additionally, if a parent is unable to care for themselves, they too can seek support through this legal provision.
The Magistrate has the authority to set a monthly allowance for the maintenance of these individuals. This means that if a person is found guilty of neglecting their responsibilities, the court can order them to provide a regular financial contribution to help support their dependents. The amount will be decided by the Magistrate based on what they consider reasonable.
Moreover, during the proceedings, the Magistrate can also order an interim maintenance amount to cover immediate needs and the costs of the legal process. This interim support should be resolved within sixty days of the notice being served.
Interestingly, the term “wife” in this context includes women who have been divorced but have not remarried. This ensures that even former spouses who are in need can receive financial support.
If the person fails to comply with the court order, the Magistrate has the power to issue a warrant to collect the owed amount, similar to how fines are handled. Additionally, if the individual still does not pay, they could face imprisonment for up to one month or until the payment is made.
However, there are some limitations. For instance, if a wife is living in adultery, refuses to live with her husband without a valid reason, or if the couple is living apart by mutual consent, she will not be entitled to maintenance under this section. If it is later proven that she falls into these categories, the Magistrate can cancel the maintenance order.
In summary, Section 144 BNSS 2023 aims to protect family members who are unable to support themselves by legally enforcing financial assistance from those who can provide it. This new law provides a structured way for dependents to seek support and ensures that those who have a duty to care for their family members fulfill their responsibilities.