Under Section 144 of the BNSS 2023, a person having sufficient means may be ordered to pay maintenance to his legitimate

Correct option is D

The correct option is: (d) or illegitimate children (not being a married daughter) who is unable to maintain itself owing to some physical or mental abnormality or injury

Explanation:

Section 144 of the BNSS, 2023 (which corresponds to Section 125 of the former CrPC) outlines the legal obligations of a person to maintain their dependents. The specific clause relating to this question is Section 144(1)(c).

• Legitimacy: The provision explicitly includes both legitimate and illegitimate children.
• Adult Children (Majors): While minor children are covered under Section 144(1)(b), Section 144(1)(c) specifically covers children who have attained majority (adults).
• Conditions for Maintenance: For an adult child to claim maintenance, they must be unable to maintain themselves due to a physical or mental abnormality or injury.
• Exception for Married Daughters: The law excludes a married daughter from this specific category of major children entitled to maintenance from their father, as her maintenance is primarily the responsibility of her husband.

Information Booster

• Objective of the Section: The primary goal of Section 144 is to prevent vagrancy and destitution by providing a summary and speedy remedy for dependents who cannot support themselves.
• Who Can Claim? Under Section 144, a Magistrate of the first class can order maintenance for:
1. A wife unable to maintain herself.
2. A minor child (legitimate or illegitimate), whether married or not.
3. A major child (legitimate or illegitimate, excluding married daughters) with physical/mental disabilities.
4. Father or mother unable to maintain themselves.
• Interim Maintenance: The BNSS introduces a specific focus on granting interim maintenance and expenses of the proceeding during the pendency of the case, which must be disposed of within 60 days from the date of notice.