Maintenance under Section 125 CrPC is a speedy, secular remedy that lets a wife, minor children, and dependent parents claim a monthly allowance from a person who has sufficient means but neglects or refuses to maintain them. The application is filed before a Judicial Magistrate, and the order is meant to prevent destitution rather than to settle the merits of a marriage. Importantly, since 1 July 2024 the same provision continues as Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973 — so older cases are filed under Section 125 CrPC and new ones under Section 144 BNSS, but the substance is largely the same.
This guide explains, in plain language, who is entitled to maintenance under Section 125 CrPC, how courts decide the quantum (amount), how interim maintenance works while the case is pending, and how the procedure unfolds. It is general legal information for people in India, not advice on any specific case.
What is maintenance under Section 125 CrPC?
Section 125 of the Code of Criminal Procedure, 1973 created a quick civil-flavoured remedy inside a criminal statute. Its purpose, as the Supreme Court has repeatedly held, is social justice — to ensure that a person who can afford it does not abandon a wife, child, or parent to a life of vagrancy and want. It does not depend on which religion the parties follow; it applies to all communities.
Four categories of dependants can claim:
- A wife (including, in settled case law, a divorced wife who has not remarried) who is unable to maintain herself.
- A legitimate or illegitimate minor child, whether married or not, who cannot maintain itself.
- A major child (other than a married daughter) who is unable to maintain itself because of a physical or mental abnormality or injury.
- A father or mother who is unable to maintain themselves.
The person liable is one who has sufficient means and yet neglects or refuses to maintain the dependant. "Sufficient means" is read broadly — an able-bodied person who chooses not to earn cannot escape the duty by pleading he has no income.
Statute note (verify current section): The remedy now lives in Section 144 BNSS, 2023, which came into force on 1 July 2024 and corresponds to the old Section 125 CrPC. Pre-2024 matters and much of the precedent still refer to Section 125 CrPC. Always confirm which provision applies on your facts before filing.
Who can claim wife maintenance under Section 125?
Wife maintenance is the most common claim under this provision. A wife can seek maintenance if she is unable to support herself and her husband, having sufficient means, refuses or neglects to maintain her. A few points often raised in searches:
- Divorced wife: A woman who has been divorced and has not remarried remains a "wife" for this section, per the Explanation to the provision and a long line of Supreme Court rulings.
- Wife living separately: She can still claim if she has a justifiable reason to live apart — for example, cruelty or the husband keeping a second partner.
- When a wife may be refused: Maintenance can be declined or cancelled if the wife is living in adultery, has refused without sufficient reason to live with her husband, or the couple is living separately by mutual consent.
- Working wife: Earning some income does not automatically bar a claim. Courts look at whether her income is enough to maintain her at a standard reasonably close to the marital home.
Maintenance under Section 125 is independent of the maintenance remedies under personal laws (for example Section 24/25 of the Hindu Marriage Act, 1955, or Section 18 of the Hindu Adoptions and Maintenance Act, 1956) and the Protection of Women from Domestic Violence Act, 2005. A claimant may have more than one remedy, though courts adjust amounts to avoid double recovery — the Supreme Court's guidelines in Rajnesh v. Neha (2020) address exactly this overlap.
How is the quantum of maintenance decided?
There is no fixed formula in the statute for the quantum. The Magistrate fixes a monthly sum that is just and reasonable on the facts. In Rajnesh v. Neha (2020) the Supreme Court laid down factors courts should weigh and directed parties to file an Affidavit of Disclosure of Assets and Liabilities so the income picture is transparent. Broadly, courts consider:
| Factor | What the court looks at |
|---|---|
| Status of the parties | Standard of living enjoyed during the marriage |
| Reasonable needs of the claimant | Food, housing, clothing, medical care, education of children |
| Income & assets of the respondent | Salary, business income, property, declared and undisclosed |
| Income/earning capacity of the claimant | Whether she is earning or can reasonably earn |
| Liabilities of the respondent | Loans, dependants, statutory obligations |
| Number of dependants | Children, parents to be supported |
| Conduct & special circumstances | Disability, age, health, child-care responsibilities |
Older case law sometimes referenced a rough "25% of the husband's net income" as a guide for a wife, but this is not a binding rule — it is one of several reference points, and the final figure turns on the facts. There was earlier a statutory ceiling of ₹500 per month under the original 1973 Code; that cap was removed by amendment in 2001, so there is now no upper limit on the amount a court may award.
Interim maintenance while the case is pending
Maintenance cases can take time, and a dependant cannot be left without support meanwhile. Courts may therefore grant interim maintenance — a provisional monthly amount payable during the pendency of the proceedings — along with litigation expenses. The proviso to the section directs that an application for interim maintenance should ordinarily be disposed of within sixty days from the date notice is served on the respondent. Rajnesh v. Neha further directed that interim maintenance generally be reckoned from the date of the application, and that courts state reasons if they depart from that.
In practice, interim maintenance is decided on affidavits and the disclosure of assets, without a full trial. It is one of the most valuable features of the remedy because it gives a vulnerable claimant immediate relief.
Procedure: how a Section 125 / Section 144 BNSS application works
The procedure is designed to be simpler and faster than a regular civil suit:
- Jurisdiction / where to file. The application may be filed where the respondent lives, or where the claimant resides, or where the parties last lived together.
- The application. It sets out the relationship, the respondent's means, the neglect or refusal, and the amount claimed, supported by the Affidavit of Disclosure of Assets and Liabilities.
- Notice and reply. The Magistrate issues notice; the respondent files a reply and his own disclosure affidavit.
- Interim maintenance. The court may fix an interim amount early — ideally within sixty days.
- Evidence and hearing. Limited evidence is led on means and entitlement.
- Final order. The Magistrate fixes the monthly maintenance, payable from the date directed (often the date of the application).
- Enforcement. If the respondent fails to pay without sufficient cause, the court can issue a warrant and even order imprisonment for up to one month (or until payment) for each month's arrears.
Section 125 CrPC vs Section 144 BNSS — what changed?
| Point | Section 125 CrPC (1973) | Section 144 BNSS (2023) |
|---|---|---|
| In force | Until 30 June 2024 (old/pending cases) | From 1 July 2024 |
| Persons entitled | Wife, children, parents | Wife, children, parents (same categories) |
| Monthly allowance | No upper limit (₹500 cap removed in 2001) | No upper limit |
| Interim maintenance | Yes; ~60-day target | Yes; broadly carried forward |
| Enforcement | Warrant; up to 1 month imprisonment per default | Broadly carried forward |
The renumbering is largely a re-codification. Treat the legal substance as continuous, but always cite the correct provision for the date your matter arose and verify the current text.
Section 125 CrPC and personal-law remedies
A person seeking support in India is not limited to one door. Depending on the parties' religion and facts, the available remedies may include:
- Section 125 CrPC / 144 BNSS — secular, fast, for wife/children/parents.
- Hindu Marriage Act, 1955 — Section 24 (maintenance pendente lite) and Section 25 (permanent alimony) in divorce/matrimonial proceedings.
- Hindu Adoptions and Maintenance Act, 1956 — Section 18 (wife's right to maintenance).
- Protection of Women from Domestic Violence Act, 2005 — monetary relief.
- Special Marriage Act / personal laws of other communities — corresponding provisions.
Because these can overlap, Rajnesh v. Neha requires applicants to disclose other pending or decided maintenance claims so the total is fair to both sides. If you are weighing your options, our practice page on family and divorce law explains how these remedies fit together.
For related issues that often arise alongside a maintenance claim, see our guides on who gets child custody in a divorce in India and the difference between judicial separation and divorce. You can read the statutory text on the Government of India's official portal, India Code.
Frequently Asked Questions
What is maintenance under Section 125 CrPC?
It is a monthly allowance a Magistrate can order a person of sufficient means to pay to a neglected wife, child, or parent, to prevent destitution. The same remedy now continues as Section 144 BNSS, 2023.
Can a divorced wife claim maintenance under Section 125?
Yes. A divorced woman who has not remarried is still treated as a "wife" for this section, as confirmed by the Explanation to the provision and Supreme Court rulings, provided she is unable to maintain herself.
How much maintenance can the court award?
There is no fixed formula and no statutory upper limit (the old ₹500 cap was removed in 2001). The court fixes a just amount based on the parties' status, the claimant's needs, and the respondent's means, following the factors in Rajnesh v. Neha (2020).
What is interim maintenance?
It is a provisional monthly amount, with litigation costs, paid while the case is pending. The law directs that such applications should ordinarily be decided within about sixty days of notice to the respondent.
Is a working or earning wife barred from maintenance?
Not automatically. Some income does not by itself disqualify her; the court asks whether her earnings are enough to maintain her at a standard reasonably close to the marital home.
What happens if the husband does not pay?
On default without sufficient cause, the court can issue a warrant to recover the amount and may order imprisonment for up to one month (or until payment) for each month's unpaid maintenance.
Is Section 125 CrPC still valid after the new criminal laws?
The provision has been re-codified as Section 144 of the BNSS, 2023, effective 1 July 2024. Pending and pre-2024 matters still reference Section 125 CrPC; the substance is largely continuous. Always verify the current section for your facts.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
