Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a working wife may still be entitled to maintenance, depending on specific conditions. BNSS 2023 has updated and consolidated certain criminal procedural laws, including those related to maintenance. This section, similar to the older Section 125 of the CrPC, aims to ensure financial support for individuals who cannot maintain themselves.
Here’s when a working wife may be eligible for maintenance under Section 144 of BNSS:
1. Insufficient Income
- If a working wife does not earn enough to support herself adequately, she may still be entitled to maintenance. This could apply if her salary is low or if she cannot meet her basic needs, especially if her husband has a substantially higher income or a comfortable lifestyle.
2. Financial Gap in Lifestyle
- Maintenance can be awarded if there’s a considerable difference between the husband’s and wife’s living standards. If the husband can support her in maintaining a lifestyle comparable to what they shared, she may be granted maintenance to bridge that gap.
3. Husband’s Financial Capability
- The courts will examine whether the husband has sufficient financial resources to provide support. If he can support his wife in addition to meeting his needs, he may be obligated to do so, regardless of whether she has an income.
4. Incapacity due to Health or Family Responsibilities
- If the wife has health issues or dependent responsibilities (like children) that create additional financial burdens, she may qualify for maintenance. Her working income may be deemed insufficient to cover these additional responsibilities.
5. Neglect or Refusal to Maintain
- Maintenance may be granted if the husband neglects or refuses to maintain his wife without just cause, even if she earns a modest income.
Exceptions
The entitlement to maintenance may not apply if:
- The wife is financially independent and her income is sufficient for her standard of living.
- The wife lives separately without justifiable reasons, or engages in an extramarital relationship.
Each case is evaluated individually, and the maintenance entitlement under Section 144 considers the welfare and financial status of both spouses. The goal of BNSS 2023 in this context is to prevent financial hardship and ensure fair treatment based on the specific needs of each case.