Section 125 CrPC: Maintenance Rights of Wife, Children, and Parents

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Section 125 CrPC: Maintenance Rights of Wife, Children, and Parents

Section 125 of the Code of Criminal Procedure (CrPC) provides a fast and effective legal remedy for maintenance to wives, children, and parents who are unable to support themselves.

This provision is secular and applies to all religions in India.

1. Who Can Claim Maintenance under Section 125 CrPC?

The following persons can file a maintenance petition:

  1. Wife – If neglected by husband and unable to maintain herself

  2. Children – Legitimate or illegitimate minor children (married daughters excluded)

  3. Parents – Father or mother, including adoptive parents

2. Conditions for Granting Maintenance

  • The person from whom maintenance is claimed has sufficient means

  • He/she has neglected or refused to maintain the claimant

  • The claimant is unable to maintain himself/herself

3. Key Legal Definitions

  • Wife includes a woman who was legally married, even if divorced, unless remarried

  • A child includes minors and those with physical/mental disabilities

  • Parents may include senior citizens abandoned by children

4. Quantum of Maintenance

There is no fixed limit, and the amount depends on:

  • Income and earning capacity of the husband/child

  • Needs and lifestyle of the claimant

  • Number of dependents

Courts typically award monthly maintenance, but interim maintenance may also be granted during the case.

5. Procedure

  • File a petition in the Magistrate’s Court (First Class) where the respondent resides

  • Both parties are heard

  • Court may pass an interim order quickly

  • If the respondent fails to pay, warrants or even jail can follow under Section 125(3)

6. Important Judgments

  • Shah Bano Case (1985): Supreme Court upheld a divorced Muslim woman's right to maintenance

  • Rajnesh v. Neha (2020): Court laid down guidelines for determining maintenance, requiring income affidavits

7. Distinction from Other Maintenance Laws

Law Applies To Nature
Section 125 CrPC All religions Summary remedy, quick
Hindu Adoption & Maintenance Act Hindus Civil remedy
Muslim Women (Protection of Rights on Divorce) Act Muslims Separate personal law

Conclusion

Section 125 CrPC acts as a social justice tool to protect the vulnerable—especially women, children, and the elderly—from abandonment and destitution. It is a powerful and time-tested remedy available to all, regardless of religion.

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