To understand Maintenance under section 144 BNSS erstwhile Section 125 of the Code of Criminal Procedure (CrPC), 1973 and its implications whether a woman is working or non working
Maintenance for a working woman under s. 144 bnss
What is important to note is whether a working woman has no income sufficient for her support and for the necessary expenses of the proceeding . Always refer to one judgment which is Rajnesh Vs. Neha reported in (2021) 2 SCC 324, the Hon’ble Supreme Court has categorically outlined certain parameters which entitles wife’s right to maintenance pendente- lite which is an ongoing right, which continues until the divorce proceedings are concluded and is not affected by the wife’s conduct or behaviour
Maintenance for a Non working woman under section 144 BNSS
A non working woman is entitled to maintenance pendente lite as well as for expenses incurred in litigation expenses. Usually out of the net income of the husband a reasonable amount about 1/3rd or 1/5th is usually taken into consideration , however this is not always the case . It depends upon the facts and circumstances of each particular case which is unique.
Maintenance under section 144 BNSS
For any query related to maintenance either to be filed by husband or wife irrespective kindly call at 9873628941.
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