Order for Maintenance of Wives, Children and Parents — 60-Day Mandatory Timeline
Maintenance for wife, children and parents — with 60-day mandatory disposal timeline
Legal Commentary
Explanation
BNSS Section 144 preserves CrPC Section 125's maintenance framework — same beneficiaries (wife, minor children, disabled adult children, parents), same secular application across all religions, same absence of a statutory ceiling on the maintenance amount. The transformative addition is Section 144(2): the magistrate must decide the maintenance application within 60 days of service of notice on the respondent. This is a direct response to the notorious delays in maintenance proceedings — cases that dragged on for 5-10 years while the applicant faced destitution. The 60-day mandate changes the entire dynamic: courts cannot defer hearings indefinitely; respondents cannot use adjournments as a strategy to avoid maintenance. The Rajnesh v. Neha (2020) guidelines on maintenance procedure are now given additional statutory support through this timeline requirement. Practical question: what happens if the magistrate does not decide within 60 days? The applicant can approach the High Court under supervisory jurisdiction to direct expeditious disposal — the 60-day provision creates a judicially enforceable timeline.