- June 07, 2025
- 01
- 01
In Indian society, the function of law is not merely to punish the guilty but to safeguard the weak, secure justice, and maintain the dignity of all. One of the most powerful legal provisions in this regard is Section 125 of the Code of Criminal Procedure (CrPC), which is concerned with maintenance rights for women, children, and aged parents.
For women, especially those who are deserted, separated, or divorced, Section 125 CrPC is a strong legal solution that guarantees livelihood and survival with dignity. As a practicing family law advocate, I, Noor Yaqoob Shaikh, assist women in understanding and asserting their legal rights, from JMFC Courts to High Courts. This article seeks to bring about legal awareness regarding maintenance rights under Section 125 CrPC — its ambit, eligibility, process, and legal redressal.
What is Section 125 CrPC?
Section 125 of the Criminal Procedure Code gives a simple, speedy, and effective remedy to
seek maintenance by:
- Wives (legally wedded women)
- Children (minor or major disabled)
- Parents (mother and/or father)
Although civil in nature, the provision is included in the Criminal Procedure Code to provide swift relief.
The law requires that where an individual with adequate means refuses or neglects to support his
wife, children, or parents, the Magistrate may direct him to pay monthly maintenance.
Who Can Claim Maintenance as a Wife?
Under Section 125 CrPC, a “wife” includes:
Note: A woman living in adultery or who has remarried is not entitled to maintenance.
Objectives of Maintenance
The major objective of Section 125 CrPC is social justice. It does not allow women and children
to be left destitute or compelled to rely on charity or illegal sources for sustenance.
- Legally married woman residing separately
- Divorced woman not re-married
- Woman who has been granted Talaq (Triple Talaq)
- Woman whose marriage is void under Hindu Marriage Act (in certain situations)
Eligibility Criteria for Maintenance
A woman can claim maintenance if:
- She is a legally married wife.
- Her husband has sufficient means (such as income, employment, or property).
- She cannot support herself.
- She has been neglected or refused maintenance.
Documents Required
To seek maintenance, the following documents are usually required:
- Marriage certificate or evidence of marriage
- Evidence of income of the husband (salary vouchers, bank statements, etc.)
- Evidence of neglect or refusal to maintain
- Evidence that the wife cannot support herself
- Identity documents (Aadhaar, PAN, etc.)
- Photographs, residential proof, and an affidavit
Procedure to File for Maintenance Under Section 125
1. Consult a Family Lawyer: Professional help guarantees correct drafting and representation.
2. Preparation of Petition: Petition is submitted before the Judicial Magistrate First Class (JMFC).
3. Notification to Respondent: The court issues summons to the husband/respondent.
4. Husband's Response: The husband submits a written response or counter.
5. Evidence and Cross-Examination: Both parties submit their evidence and arguments.
6. Interim Maintenance (Optional): The court may grant interim relief during the pendency of the case.
7. Final Order: Monthly maintenance is granted on the basis of facts by the court.
How Much Maintenance Can Be Claimed?
There is no fixed amount; the court determines the maintenance based on:
- Income and assets of husband
- Standard of living during the marriage
- Standard of living during the marriage
- Number of dependents
- Educational and medical expenditure
Note: Courts can also modify the amount of maintenance over time in accordance with
change in circumstances.
Interim Maintenance
Courts can grant interim maintenance pending the outcome of the case under Section 125(1)
CrPC. This is to avert undue hardship to the wife and children caused by court delays.
Rejection of Maintenance
The court can refuse the claim of maintenance if:
- The wife lives in adultery
- The wife has refused to live with the husband without sufficient cause
- The wife is re-married
- The applicant is independent financially
Modification or Cancellation
The maintenance may be cancelled or altered under the following circumstances:
- Increase/decline in the income of the husband
- Wife is employed or re-married
- Variation in the financial needs of the claimant
Time Frame and Enforcement
- Courts aim to dispose of maintenance cases within 60–90 days, though delays may occur.
- In case of default in payment of maintenance by the husband, the wife can make an application for execution of the order, and the court can:
- Issue a warrant of attachment
- Send the husband to jail for non-payment
Muslim Women & Section 125
Muslim women can also seek maintenance under Section 125 CrPC in spite of Muslim Women
(Protection of Rights on Divorce) Act, 1986, especially after the landmark Shah Bano case. They
are entitled to:
- Maintenance during period of iddat
- Lump sum or reasonable provision beyond iddat
- Right to claim under CrPC if not provided in terms
Key Judgments
1. Shah Bano Case (1985)
Decided that Muslim women are entitled to maintenance under Section 125 CrPC even after
divorce.
2. Rajnesh vs Neha (2020)
Supreme Court established standard guidelines for maintenance to promote uniformity
between courts.
3. Bhuwan Mohan Singh vs Meena (2014)
Emphasized again that right to maintenance is a fundamental right of the wife.
Conclusion
Section 125 CrPC is not just a statutory provision — it is a lifeline for women and children in times of distress. Awareness of your rights and acting swiftly can mean all the difference. If you or someone you know requires legal help in seeking or opposing maintenance, don’t wait — consult a reliable legal professional today.
I believe that justice must never be out of reach especially for women and children in distress. With the right legal support, you can claim your dignity, security, and independence.