Chapter IX
Section 125 CrPC: Order for maintenance of wives, children and parents
New Law Update (2024)
Section 144 BNSS
TRIAL COURT
Magistrate of the first class
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) If any person having sufficient means neglects or refuses to maintain—
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself,
A Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this Sub-Section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.
Explanation.—For the purposes of this Chapter—
(a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority;
(b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
Important Sub-Sections Explained
Section 125(1) – Second and Third Provisos
These provisos allow a Magistrate to order ‘interim maintenance’ and litigation expenses during the pendency of the main maintenance application, ensuring immediate financial relief to the applicant. The law further mandates that applications for such interim maintenance should ideally be disposed of within sixty days to prevent undue hardship.
Section 125(1) – Explanation (b) (Definition of “wife”)
This crucial explanation clarifies that the term “wife” under Section 125 CrPC is broad and includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. This ensures that divorced women, unable to maintain themselves, are also covered under the protective ambit of this section.
Landmark Judgements
Mohd. Ahmed Khan v. Shah Bano Begum (1985):
This landmark judgment by the Supreme Court affirmed the right of a divorced Muslim woman to claim maintenance under Section 125 CrPC, even after the ‘iddat’ period, if she is unable to maintain herself. This decision led to significant legislative debate and the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Danial Latifi v. Union of India (2001):
The Supreme Court upheld the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, clarifying that it does not nullify a divorced Muslim woman’s right to maintenance but rather mandates a ‘reasonable and fair provision and maintenance’ to be made within the ‘iddat’ period, which can extend beyond it if necessary. If not made, the liability under Section 125 CrPC would arise.
Rajnesh v. Neha (2020):
The Supreme Court provided comprehensive guidelines for the grant of maintenance, including interim maintenance, in all matrimonial matters. It standardized the process for determining the quantum of maintenance, detailed the affidavit of disclosure of assets and liabilities, and set timelines for the disposal of maintenance applications, including interim relief.
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS AT [CITY NAME]
Maintenance Petition No. [______] of [Year]
IN THE MATTER OF:
[Wife/Child/Parent’s Name]
W/o, D/o, S/o [Father’s/Husband’s Name]
Aged about [Age] years,
Residing at [Full Address]
… PETITIONER
VERSUS
[Husband/Father/Son/Daughter’s Name]
S/o, D/o [Father’s Name]
Aged about [Age] years,
Residing at [Full Address]
… RESPONDENT
PETITION UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR GRANT OF MAINTENANCE
MOST RESPECTFULLY SHOWETH:
1. That the marriage between the Petitioner (wife) and the Respondent was solemnized on [Date] at [Place] according to [Customary/Religious Rites]. (Applicable if petitioner is wife).
OR
That the Petitioner is the [legitimate/illegitimate] minor child of the Respondent, born on [Date], and is unable to maintain [himself/herself].
OR
That the Petitioner is the father/mother of the Respondent, aged about [Age] years, and is unable to maintain [himself/herself].
2. That from the said wedlock, [number] children were born, namely [Names and Dates of Birth of Children]. (Applicable if wife is petitioner).
3. That the Petitioner is presently residing at [Petitioner’s Address] and the Respondent is residing at [Respondent’s Address].
4. That the Respondent, having sufficient means, has neglected and/or refused to maintain the Petitioner despite being legally bound to do so. (Provide details of neglect/refusal).
5. That the Respondent is a person of substantial means, earning approximately Rs. [Amount] per month from [Source of Income, e.g., business, employment]. (Provide details of Respondent’s income, assets, and financial status).
6. That the Petitioner is unable to maintain [herself/himself] due to [reasons, e.g., lack of education, unemployment, old age, physical/mental disability, childcare responsibilities]. (Provide details of Petitioner’s financial status and inability to maintain self).
7. That the Petitioner has no independent source of income and is entirely dependent on the Respondent for [her/his] daily needs and expenses.
8. That the Petitioner requires a monthly allowance of Rs. [Amount] for [her/his] maintenance, including expenses for food, clothing, shelter, medical needs, and education (if applicable for child).
9. That the Petitioner also prays for interim maintenance and expenses of this proceeding during its pendency, as per the second and third provisos to Section 125(1) CrPC.
PRAYER:
It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to:
(a) Direct the Respondent to pay a monthly maintenance allowance of Rs. [Amount] to the Petitioner.
(b) Direct the Respondent to pay interim maintenance of Rs. [Amount] per month to the Petitioner during the pendency of this petition, along with litigation expenses.
(c) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER, AS IN DUTY BOUND, SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(Signature of Petitioner)
[Petitioner’s Name]
(Signature of Advocate)
[Advocate’s Name]
[Enrollment No.]
[Address]
[Contact No.]