Analysis of Husband's Maintenance Under Sec 144 BNSS, 2023

The law relating to wife maintenance is different in different religions. Among all communities, the question of maintenance to women has acquired great importance. Women, the partners of men in life, play a vital role in raising a family, especially in maintaining social order. The basic involvement of women gives them the right to maintenance from their husbands. But apart from the Hindu Marriage Act, of 1955 and the Parsi Marriage and Divorce Act, of 1936, no other law gives any right to a husband to claim such maintenance from his wife even on reasonable grounds. Article 15(1) of the Constitution of India states, "The State shall not discriminate any citizen on ground only religion, race, caste, sex, place of birth or any of them”. While Article 14 states that “The State shall not deny to any person equality before law or the equal protection of law within the territory of India”. Apart from Hindu and Parsi husbands, a person of any other religion has no such right to claim maintenance on reasonable grounds which violates the constitutional right under Article 15(1) and Article 14. Under section 144 of The Bharatiya Nagarika Suraksha Sanhita, 2023, the husband should be entitled to equal maintenance rights from his wife on legitimate grounds, as women have gained financial empowerment in the current socioeconomic situations.