Permanent maintenance refers to long-term financial support granted by a competent court to a dependent person—typically a wife, child, or parent—upon the final adjudication of maintenance proceedings.
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Permanent Maintenance under BNSS, 2023
Permanent maintenance refers to long-term financial support granted by a competent court to a dependent person—typically a wife, child, or parent—upon the final adjudication of maintenance proceedings. Unlike interim maintenance, which is temporary in nature and awarded during the pendency of proceedings, permanent maintenance is intended to provide sustained financial security and ensure a dignified standard of living for the claimant.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the provisions relating to maintenance (corresponding to Section 125 of the Code of Criminal Procedure, 1973) empower a Magistrate to direct a person having sufficient means to pay monthly maintenance to his wife, legitimate or illegitimate children, and parents who are unable to maintain themselves. Although the statute primarily contemplates monthly maintenance, an order passed upon final determination of the proceedings assumes the character of permanent maintenance, subject to variation upon a change in circumstances.
The object of granting permanent maintenance is to prevent destitution and vagrancy and to enforce the social and legal obligation of an individual to maintain their dependents. While determining the quantum of maintenance, the court takes into consideration various factors, including the income and financial capacity of the respondent, the reasonable needs and standard of living of the claimant, the number of dependents, and other relevant circumstances such as inflation and the prevailing cost of living.
An order of permanent maintenance under the BNSS is not absolute or immutable. It may be modified, enhanced, or cancelled by the competent court upon proof of a material change in circumstances, such as an increase or decrease in the income of either party, remarriage of the wife, or attainment of majority and financial independence by the child. In case of non-compliance, the order may be enforced in accordance with law, including by issuance of a warrant and, in appropriate cases, by imposition of imprisonment.
In essence, permanent maintenance under the BNSS serves as an important measure of social justice, ensuring economic support and safeguarding the right to live with dignity of those who are unable to maintain themselves.
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