Recent Court Rulings on Section 144 BNSS: When Educated Wives Lose Maintenance

In recent months, Indian courts have made waves with their rulings on Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), especially when it comes to maintenance for educated and capable wives. These decisions are changing how we think about financial support in marriages, sparking debates about fairness, independence, and what maintenance really means in today’s world.

What is Section 144 BNSS?

Section 144 BNSS replaced the older Section 125 of the Criminal Procedure Code (CrPC) in 2023. It says that anyone with enough money must support their dependents—like wives, children, or parents—if they can’t support themselves. The idea is simple: no one should be left hungry or homeless just because a marriage ends or times get tough. But recently, courts have been looking closely at whether educated wives who can earn a living should still get this support.

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Landmark Court Rulings in 2025

The past year has brought some eye-opening decisions under Section 144 BNSS. Here’s what’s been happening:

• Delhi High Court (March 2025): In Rakesh v. Priya, the court ruled that an educated wife with a master’s degree in business couldn’t claim maintenance just because she wasn’t working. Priya had quit her job after marriage but had the skills to earn again. The court said Section 144 BNSS isn’t for those who choose to sit idle—it’s for those who truly can’t fend for themselves.
• Madhya Pradesh High Court (February 2025): In Vikram v. Sneha, the court took a middle ground. Sneha, a qualified engineer, hadn’t worked in years. The court didn’t deny her maintenance entirely but cut it down, saying her potential to earn mattered. It stressed that Section 144 BNSS balances need with ability.
• Bombay High Court (January 2025): In a twist, Neha v. Anil saw the court deny maintenance to a wife earning more than her husband. Neha, a software developer, made twice Anil’s income. The court said Section 144 BNSS isn’t a tool to burden the less-earning spouse—it’s about fairness.
• Kerala High Court (April 2025): Just this month, in Suresh v. Lakshmi, the court refused maintenance to Lakshmi, a teacher who stopped working voluntarily. The ruling echoed a growing trend: if you’re capable and educated, Section 144 BNSS expects you to contribute to your own life.

What Are Courts Saying?

These rulings show courts digging into a few key ideas under Section 144 BNSS:

• Skills Matter: If a wife has education or training—like a degree or work experience—courts expect her to use it. Being capable of earning often means no automatic maintenance.
• Fairness Counts: When one spouse earns way more, courts won’t let the law tip the scales unfairly. Maintenance isn’t a free ride—it’s a lifeline for the needy.
• The Law’s Purpose: Section 144 BNSS isn’t about punishing one spouse or rewarding another. It’s about preventing hardship, not encouraging dependence.

Why These Rulings Matter

These decisions are shaking things up. For one, they push educated wives to stand on their own feet, which many see as a step toward equality. On X, people are buzzing about it—some cheer the fairness, while others worry it leaves struggling wives vulnerable. One user posted, “Finally, courts see through the ‘I won’t work’ excuse. Section 144 BNSS should help the helpless, not the lazy.” Another countered, “What about wives who sacrificed careers for family? This feels harsh.”

The rulings also mean every case gets a close look. A wife’s job prospects, past earnings, and personal situation all play a role. Plus, they remind us that Section 144 BNSS isn’t a blank check—it’s there to catch those who’d otherwise fall.

Looking Ahead

The recent court rulings on Section 144 BNSS show a judiciary trying to keep up with modern life. They’re balancing old ideas of support with new expectations of independence. For educated and capable wives, maintenance isn’t a given anymore—it’s a question of need, not just right. As these cases pile up, they’re shaping a future where both spouses are seen as equals, not just providers or dependents. It’s a big shift, and one worth watching.