In 2025, Indian courts—including the Rajasthan High Court in Jaipur—have made significant rulings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), particularly in maintenance cases involving educated wives. These landmark decisions are reshaping the legal landscape of matrimonial support and marital fairness.

What is Section 144 BNSS?

Section 144 of BNSS, which replaced Section 125 of the Criminal Procedure Code (CrPC) in 2023, mandates financial support to dependents—such as wives, children, or parents—by those who are financially capable. The core intent is to protect individuals from financial hardship after a marital breakdown. However, recent judgments suggest that courts are closely evaluating whether an educated and employable wife should still receive maintenance.

Key Judgments That Are Changing the Game

✅ Delhi High Court – Rakesh v. Priya (March 2025)

The court denied maintenance to Priya, who held a Master’s degree in Business Administration but voluntarily quit her job. The court emphasized that Section 144 BNSS is meant to support those genuinely unable to earn, not those choosing not to work.

✅ Madhya Pradesh High Court – Vikram v. Sneha (February 2025)

Sneha, a qualified engineer who hadn’t worked in years, was granted reduced maintenance. The court balanced her earning potential with her current situation, reinforcing that capability plays a crucial role.

✅ Bombay High Court – Neha v. Anil (January 2025)

Here, the wife earned more than her husband. The court denied her maintenance, highlighting that Section 144 BNSS is not to burden the lower-earning spouse but to ensure fair and just support.

✅ Kerala High Court – Suresh v. Lakshmi (April 2025)

Lakshmi, a trained schoolteacher, had voluntarily stepped away from her profession. The court ruled against maintenance, underlining that voluntarily unemployed, educated women must take responsibility for their livelihood.

What Courts Are Focusing On

Recent verdicts show courts are considering several key factors before granting maintenance:

  • Educational Qualification & Work Experience: Women with degrees or skills are expected to earn a livelihood.
  • Actual Need vs. Dependency: Maintenance is a support system, not a substitute for effort.
  • Income Comparison: If a wife earns equal or more than the husband, courts may deny maintenance.
  • Intent & Circumstances: Each case is judged individually, factoring in sacrifices made during marriage.

Why These Judgments Matter for Jaipur Couples

As experienced divorce lawyers in Jaipur, we are seeing a growing number of clients affected by these evolving interpretations of Section 144 BNSS. The Rajasthan High Court is aligning with this national trend, pushing for self-reliance and fairness in matrimonial disputes. For educated wives seeking maintenance, it’s no longer an automatic entitlement—it now depends on demonstrated financial need and inability to earn.

Final Thoughts

These court decisions mark a progressive shift in Indian family law. While they promote equality and independence, they also raise valid concerns about wives who’ve made career sacrifices for family. The law is clear: Section 144 BNSS protects the genuinely helpless—not those unwilling to work.

If you’re involved in a maintenance dispute in Jaipur or across Rajasthan, understanding how courts assess such cases is crucial. Every situation is unique—and professional legal guidance can make all the difference.

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Get expert legal advice on your maintenance rights under Section 144 BNSS.