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The short answer
A maintenance case in Odisha is usually filed in the Family Court (or, where there is none, before the Judicial Magistrate) under Section 144 of the BNSS, 2023, which replaced Section 125 CrPC from 1 July 2024. A wife, children and parents who cannot maintain themselves can claim a monthly amount from a person with sufficient means who neglects them. Interim maintenance can be ordered while the case is pending, both sides must file asset and income affidavits under Rajnesh v. Neha, and unpaid amounts can be recovered by warrant.
The laws under which maintenance can be claimed
A maintenance case in Odisha can be brought under more than one law. They can run side by side, but the court adjusts the amount awarded in one proceeding when fixing the amount in another, so that there is no double recovery.
| Law | Who can claim | Where |
|---|---|---|
| Section 144, Bharatiya Nagarik Suraksha Sanhita, 2023 (old Section 125 CrPC) | Wife (including a divorced wife who has not remarried), minor children, adult children unable to maintain themselves due to physical or mental abnormality or injury, and father or mother; any religion | Family Court, or Judicial Magistrate First Class where no Family Court |
| Sections 18 to 20, Hindu Adoptions and Maintenance Act, 1956 (HAMA) | Hindu wife, children, aged or infirm parents, and a widowed daughter-in-law (from the father-in-law, in limited cases) | Family Court or civil court |
| Sections 24 and 25, Hindu Marriage Act, 1955 | Either spouse: interim maintenance and litigation costs during a matrimonial case, and permanent alimony | The court hearing the divorce or other matrimonial case |
| Section 20, Protection of Women from Domestic Violence Act, 2005 | A woman facing domestic violence, and her children | Judicial Magistrate |
| Maintenance and Welfare of Parents and Senior Citizens Act, 2007 | Parents and senior citizens | Maintenance Tribunal (Sub-Collector) |
Section 144 BNSS is the most used route because it is quick, applies to all religions, and the order can be enforced like a criminal court order. In Mohd. Abdul Samad v. State of Telangana (2024) the Supreme Court held that a divorced Muslim woman can also claim under this provision. For parents, see maintenance for senior citizens in Odisha.
Claims between live-in partners are discussed in live-in relationships and the law.
Section 144 BNSS maintenance: the conditions
- The respondent has sufficient means. Courts treat an able-bodied man as having the means to earn, so lack of a job is not by itself an answer.
- He has neglected or refused to maintain the applicant.
- The applicant is unable to maintain herself or himself. A wife who earns is not automatically excluded; the question is whether her income lets her live at the standard she had in the matrimonial home.
A wife is not entitled under Section 144 if she is living in adultery, or refuses without sufficient reason to live with her husband, or if they live separately by mutual consent. If the husband has married again or keeps another woman, the law treats that as a just ground for her to live separately.
Where to file in Odisha
Where a Family Court has been set up under the Family Courts Act, 1984, it has exclusive jurisdiction over Section 144 proceedings for that area. Family Courts function at Bhubaneswar, Cuttack and many other district headquarters; elsewhere, the application goes to the Judicial Magistrate First Class. Under Section 145 BNSS the case can be filed where the respondent is or lives, where the wife lives, or where he last lived with the wife. For locations, see courts.
Filing a maintenance case, step by step
- Collect proof of the relationship: marriage certificate or photographs and invitation card; birth certificates of the children.
- Collect proof of the respondent's income: salary slips, Form 16, income tax returns, business details, land records from Bhulekh, vehicle and bank details, and evidence of lifestyle.
- Prepare your own expense details: rent, food, school fees, medical costs, and your income if any.
- File the petition with the court fee (a small fixed fee) and a list of documents. Ask for interim maintenance in the same petition or by a separate application.
- Serve notice on the respondent. If he avoids notice, the case can proceed ex parte, which can be set aside only on good cause shown within three months.
- File the disclosure affidavit. Both sides file affidavits of assets, income and liabilities in the format prescribed by the Supreme Court.
- Counselling or mediation. Family Courts in Odisha commonly refer parties to counsellors or the mediation centre.
- Evidence and final order, fixing a monthly amount, payable from the date of the application.
Interim maintenance
Section 144 allows the court to order a monthly allowance and expenses of the proceeding while the case is pending, and says such an application should, as far as possible, be decided within 60 days of service of notice. Interim maintenance is decided on the affidavits and documents, without a full trial.
Rajnesh v. Neha: affidavits and the amount
In Rajnesh v. Neha (2020), the Supreme Court laid down rules that apply to all maintenance cases:
- Both parties must file an affidavit of disclosure of assets and liabilities in the prescribed format; concealment or false statements can lead to action for perjury and adverse inference.
- Maintenance is to be awarded from the date of the application.
- The court must take into account amounts already awarded in other proceedings and the applicant must disclose earlier cases.
- The amount depends on the parties' status, the reasonable needs of the wife and children, her own income, his income and liabilities, and the standard of living; there is no fixed formula. Courts have sometimes cited about 25% of the husband's net salary as a guide, but this is not a rule.
The amount can be increased or reduced later if circumstances change, by application under Section 146 BNSS.
If maintenance is not paid
For each month's default without sufficient cause, the court can issue a warrant to recover the amount as a fine (including by attaching property or salary) and can sentence the defaulter to imprisonment of up to one month for each month's arrears, or until payment. An application for recovery must be made within one year of the date the amount became due, so file for arrears regularly.
Practical points
- Women are eligible for free legal services regardless of income. If you cannot afford an advocate, see free legal aid in Odisha.
- Maintenance for children continues even if the mother is not entitled to maintenance herself.
- If divorce proceedings are pending, interim maintenance can also be claimed under Section 24 HMA; see divorce in Odisha.
- Where there is also violence, see domestic violence protection in Odisha.
Matrimonial and maintenance work is described under family and succession.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ଖୋରପୋଷ | khorapos | maintenance |
Frequently asked questions
What is the new section for 125 CrPC maintenance?
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force since 1 July 2024. The procedure is in Section 145, alteration in Section 146 and enforcement in Section 147.
How much maintenance will a wife get in Odisha?
There is no fixed formula. The court considers both parties' incomes and assets, the needs of the wife and children and their standard of living, as explained in Rajnesh v. Neha (2020).
How long does a maintenance case take in a Family Court?
It varies. Interim maintenance under Section 144 should, as far as possible, be decided within 60 days of notice, and the final order is payable from the date of the application.
Can a working wife claim maintenance?
Yes, if her income is not enough to maintain herself at the standard of the matrimonial home. Her income is taken into account in fixing the amount.
Can parents claim maintenance from their son or daughter?
Yes. Parents unable to maintain themselves can claim under Section 144 BNSS, under the Hindu Adoptions and Maintenance Act, or before the Maintenance Tribunal under the Senior Citizens Act, 2007.
What if the husband does not pay maintenance?
Apply to the court that passed the order within one year of the amount falling due. The court can issue a warrant to recover it and order imprisonment of up to one month for each month's default.
Official sources
- Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
- Hindu Adoptions and Maintenance Act, 1956 and Family Courts Act, 1984 (India Code)
- Supreme Court of India: Rajnesh v. Neha (2020), Mohd. Abdul Samad (2024)
- Orissa High Court, Cuttack (official website)
- Odisha State Legal Services Authority
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.