Maintenance is the financial support that a person (usually the husband or father) is legally obligated to provide to dependents (wife, children, and parents) who are unable to maintain themselves.
In India, Section 125 of the Criminal Procedure Code (CrPC) provides a quick and effective legal remedy to claim maintenance irrespective of religion or personal laws.
🔹 Who Can Claim Maintenance under Section 125 CrPC?
- Wife
- A legally wedded wife who is unable to maintain herself
- Divorced women (who have not remarried)
- Even if the marriage is void under personal law, maintenance can still be claimed in some cases
- Children
- Legitimate or illegitimate minor children
- Major children who are physically or mentally disabled
- Parents
- Father or mother who are unable to maintain themselves
🔹 Key Provisions of Section 125 CrPC
- The person from whom maintenance is claimed must have sufficient means
- The claimant must be unable to maintain themselves
- The maximum amount of maintenance is not capped by law; it’s decided by the Magistrate
- The Magistrate may order monthly maintenance after considering:
- Income of the person
- Needs of the dependent
- Standard of living
🔹 Conditions for Wife to Claim Maintenance
A wife cannot claim maintenance if:
- She is living in adultery
- She refuses to live with her husband without sufficient reason
- They are living separately by mutual consent
However, she can still claim maintenance if:
- The husband neglects or refuses to maintain her
- She was thrown out or abandoned
🔹 Procedure for Filing Maintenance Case
- Application to be filed before a Magistrate of First Class
- Mention:
- Relationship
- Income & expenses
- Reason for inability to maintain herself
- Magistrate may:
- Ask both parties to submit evidence
- Pass an interim maintenance order
- Grant final monthly maintenance based on the case facts
🔹 Enforcement and Penalty
If the person fails to pay:
- The court can issue a warrant for recovery
- In case of non-payment, the person may be jailed up to 1 month for each month of default
🔹 Landmark Judgments
● Mohd. Ahmed Khan v. Shah Bano Begum (1985)
A famous case where the Supreme Court upheld the right of a divorced Muslim woman to maintenance under Section 125 CrPC, despite personal law provisions.
● Rajnesh v. Neha (2020)
The Supreme Court issued guidelines for maintenance to bring uniformity and prevent delays. The court emphasized full financial disclosure from both parties.
🔹 Importance of Maintenance Law
- Ensures economic justice for women and children
- Helps dependent individuals lead a dignified life
- Prevents destitution and exploitation
- Quick remedy under criminal procedure, not just civil law
🔹 Conclusion
Section 125 of CrPC is a vital tool for protecting the rights of women, children, and aged parents. It offers speedy and simple relief to those who are abandoned or not supported by family members, regardless of religion or personal laws.
