Maintenance Under Section 125 CrPC (Section 144 BNSS): A Complete Legal Guide for Wives, Children & Parents

Key Insight: Maintenance under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) — now renumbered as Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — is one of India's most powerful social justice remedies. It provides a speedy, secular, and summary mechanism to prevent vagrancy and destitution among wives, children, and parents who are unable to maintain themselves. This comprehensive guide explains the law, procedure, quantum, enforcement, and landmark judgments shaping maintenance jurisprudence in 2026.

1. What is Maintenance Under Section 125 CrPC / Section 144 BNSS?
2. Who Can Claim Maintenance?
3. Essential Conditions for Claiming Maintenance
4. Grounds for Refusal or Cancellation of Maintenance
5. How is the Quantum of Maintenance Decided?
6. Procedure for Filing and Enforcement
7. Interim Maintenance: Immediate Relief During Pendency
8. Landmark Judgments Shaping Maintenance Law
9. Transition from CrPC to BNSS: What Changed?
10. Practical Guide for Claimants and Respondents
11. Frequently Asked Questions (FAQs)

1. What is Maintenance Under Section 125 CrPC / Section 144 BNSS?

Maintenance is a legal right to financial support. It is not charity, nor is it a favor. Under Section 125 CrPC (now Section 144 BNSS), a Magistrate of the First Class can order a person having sufficient means to pay a monthly allowance to his wife, children, or parents if they are unable to maintain themselves and he has neglected or refused to maintain them.

The Supreme Court has consistently held that this provision is a measure of social justice, especially enacted to protect women and children, falling within the constitutional sweep of Article 15(3) and Article 39 of the Constitution of India. The object is not to punish a person for past neglect, but to prevent vagrancy and destitution by providing food, clothing, and shelter through a speedy remedy.

For a deeper understanding of how this provision interacts with other alimony laws, read our detailed guide on Alimony Rules in India for Wife.

2. Who Can Claim Maintenance?

Section 125(1) CrPC / Section 144(1) BNSS recognizes four categories of dependents who can claim maintenance:

Category	Legal Provision	Key Conditions
Wife	Section 125(1)(a) / Section 144(1)(a)	Must be unable to maintain herself. Includes a divorced wife who has not remarried.
Minor Child	Section 125(1)(b) / Section 144(1)(b)	Legitimate or illegitimate, married or unmarried. Must be unable to maintain itself.
Adult Child (Disabled)	Section 125(1)(c) / Section 144(1)(c)	Major child (not being a married daughter) unable to maintain due to physical or mental abnormality or injury.
Father or Mother	Section 125(1)(d) / Section 144(1)(d)	Must be unable to maintain himself or herself. Includes both parents.

Table 1: Categories of Dependents Eligible for Maintenance

2.1 Maintenance for Wife

The term "wife" under Section 125 is defined expansively. The Explanation to the section clarifies that it includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. This ensures that a divorced woman does not lose her right to financial support simply because the marriage has ended.

Importantly, a wife's own earning does not automatically bar her claim. In Chaturbhuj v. Sita Bai (2008), the Supreme Court held that "unable to maintain herself" does not require the wife to be destitute. If her income is insufficient to maintain the standard of living she enjoyed in the matrimonial home, she remains eligible. This principle was reaffirmed in Mamta Jaiswal v. Rajesh Jaiswal (2024), where the Court held that even an earning wife can claim maintenance if her income is insufficient to maintain the same standard of living she enjoyed during the marriage.

2.2 Maintenance for Children

All minor children, whether legitimate or illegitimate, and whether married or not, are entitled to maintenance from their father. The law draws no distinction between children born within and outside marriage, reflecting its welfare-oriented nature.

For adult children, maintenance is available only in limited circumstances. A child who has attained majority (other than a married daughter) may claim if a physical or mental abnormality or injury makes it unable to maintain itself. A healthy adult son or daughter cannot use this provision to demand support.

2.3 Maintenance for Parents

Both father and mother can claim maintenance from their children. In Dr. Mrs. Vijaya Manohar Arbat v. Kashirao Rajaram Sawai (1987), the Supreme Court held that the masculine pronoun in the statute includes the feminine, making a married daughter with sufficient means equally liable to maintain her parents. Marriage does not extinguish a daughter's obligation.

3. Essential Conditions for Claiming Maintenance

To obtain an order under Section 125 CrPC / Section 144 BNSS, the claimant must prove three essential conditions:

The respondent has sufficient means: The person from whom maintenance is claimed must have the financial capacity to provide support. "Sufficient means" is not confined to actual visible income but includes earning capacity, property, and overall financial status.
The respondent has neglected or refused to maintain: There must be proof of neglect or refusal. Mere inability of the claimant is not enough; the respondent's failure to provide support must be established.
The claimant is unable to maintain himself/herself: The wife, child, or parent must genuinely be incapable of supporting themselves. However, as clarified by the Supreme Court, this does not mean they must be in a state of absolute penury.

Important: The burden of proving that one cannot maintain oneself is on the dependent, while the person from whom maintenance is claimed has the burden of proving that they lack sufficient means.

4. Grounds for Refusal or Cancellation of Maintenance

Section 125(4) CrPC provides specific grounds on which a wife's claim for maintenance can be refused:

Ground	Explanation
Living in Adultery	If the wife is living in adultery at the time of the application or subsequently, she is disqualified. In Himanshu Chordia v. State of Rajasthan (2026), the Supreme Court held that if a husband establishes adultery through clear and convincing evidence ex facie, interim maintenance can be denied.
Refusing to Live Without Sufficient Reason	If the wife refuses to live with her husband without just cause. However, if the husband contracts another marriage or keeps a mistress, the wife's refusal is justified.
Living Separately by Mutual Consent	If both spouses are living separately by mutual consent, the wife cannot claim maintenance.

Table 2: Statutory Disqualifications for Wife's Maintenance

Additionally, under Section 125(5), a maintenance order can be cancelled if any of the above disqualifications are subsequently proved. A wife also loses her right if she remarries after divorce.

5. How is the Quantum of Maintenance Decided?

There is no statutory upper limit on the amount of maintenance that can be awarded under Section 125 CrPC / Section 144 BNSS. The Magistrate has wide discretion to fix a monthly rate that is "fit and proper" based on the circumstances of the case.

5.1 Key Factors Considered by Courts

Factor	Relevance
Income and Assets of Respondent	Salary, business income, property, investments, and overall financial capacity.
Standard of Living	The lifestyle enjoyed by the claimant during the marriage or relationship.
Reasonable Needs of Claimant	Food, clothing, shelter, education, medical expenses, and other necessities.
Number of Dependents	Other family members the respondent is legally obligated to maintain.
Earning Capacity of Claimant	If the claimant is earning, the amount is adjusted to bridge the gap between income and needs.
Conduct of Parties	Though not punitive, conduct may influence the Magistrate's discretion.

Table 3: Factors Determining Maintenance Quantum

5.2 The 25% Benchmark

In several landmark judgments, the Supreme Court has held that 25% of the husband's net salary is a just and proper amount to be awarded as maintenance to the wife. This benchmark, established in cases like Rajnesh v. Neha (2021), ensures the wife can maintain a standard of living reasonably comparable to the husband's status. However, this is not a rigid rule and is adjusted based on individual circumstances.

In practice, Magistrate courts typically award anywhere from Rs. 5,000 to Rs. 50,000 per month, though higher amounts are possible in cases involving wealthy respondents. For a detailed breakdown of calculation methods, refer to our article on Alimony Rules in India for Wife.

6. Procedure for Filing and Enforcement

6.1 Jurisdiction

A maintenance petition is filed before a Judicial Magistrate of the First Class. Under Section 126 CrPC (Section 145 BNSS), jurisdiction lies in the district where:

The respondent resides; or
The respondent or his wife resides; or
The respondent last resided with his wife; or
For an illegitimate child, where the respondent last resided with the mother.

6.2 Procedure

The proceeding is summary in nature, meaning it is decided quickly without the formalities of a full civil trial. Evidence is normally taken in the presence of the respondent, but the Magistrate can proceed ex parte if the respondent wilfully avoids service.

6.3 Alteration in Allowance

Under Section 127 CrPC (Section 146 BNSS), either party can apply for alteration (increase or decrease) of the maintenance amount if there is a change in circumstances, such as a rise in the payer's income or the claimant's improved financial situation.

6.4 Enforcement

Under Section 128 CrPC (Section 147 BNSS), if the respondent fails to pay, the Magistrate can:

Issue a warrant to levy the unpaid amount in the manner of a fine;
Sentence the defaulter to imprisonment for up to one month for each month's default, or until payment is made.

This criminal enforcement mechanism is what makes Section 125 one of the most effective remedies for maintenance in India. In Anil Markende v. State of Chhattisgarh (2026), the Supreme Court directed that maintenance orders must be enforced like decrees of money suits, including attachment of property, bank accounts, and salary garnishment.

7. Interim Maintenance: Immediate Relief During Pendency

The second proviso to Section 125(1) empowers the Magistrate to order interim maintenance and litigation expenses during the pendency of the proceedings. This is crucial because maintenance cases can take months or even years to conclude.

The third proviso mandates that applications for interim maintenance must be disposed of within 60 days from the date of service of notice on the respondent. This statutory timeline ensures that dependents are not left without support during prolonged litigation.

Interim maintenance is not a token amount. Courts fix it on the same standard-of-living principles that govern final maintenance, subject to revision when the final order is passed. For the latest Supreme Court ruling on when interim maintenance can be denied, read our analysis of Wife Can Be Denied Interim Maintenance if Adultery is Clearly Established.

8. Landmark Judgments Shaping Maintenance Law

8.1 Rajnesh v. Neha (2021) — Comprehensive Guidelines

The Supreme Court laid down comprehensive guidelines for maintenance to bring uniformity across courts. Husbands must disclose income, assets, and liabilities in an affidavit. Wives must also disclose their income. Interim maintenance should be decided within 4-6 months of filing. Non-disclosure can lead to adverse inference and higher maintenance.

8.2 Shah Bano Begum Case (1985) — Muslim Women's Right

In Mohd. Ahmed Khan v. Shah Bano Begum, a Constitution Bench held that a Muslim husband must maintain a divorced wife who cannot maintain herself, and Section 125 operates independently of personal law. This was a watershed moment in Indian family law.

8.3 Danial Latifi v. Union of India (2001)

The Supreme Court upheld the Muslim Women (Protection of Rights on Divorce) Act, 1986, but read it to require the husband to make a reasonable and fair provision for the wife's future extending beyond the iddat period.

8.4 Mamta Jaiswal v. Rajesh Jaiswal (2024)

"The mere fact that the wife is earning does not absolve the husband of his responsibility to maintain her. The court must examine whether her earnings are sufficient to maintain the standard of living to which she was accustomed during the subsistence of the marriage."

8.5 Himanshu Chordia v. State of Rajasthan (2026)

The Supreme Court held that if a husband files an application under Section 125(4) and establishes adultery through clear and convincing evidence ex facie, the wife can be denied interim maintenance. This judgment restored balance to maintenance proceedings.

8.6 Anil Markende v. State of Chhattisgarh (2026)

The Supreme Court came down heavily on husbands who deliberately evade maintenance payments, directing strict enforcement including attachment of salary and property.

9. Transition from CrPC to BNSS: What Changed?

With effect from 1st July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973. The maintenance provisions were renumbered as follows:

CrPC, 1973	BNSS, 2023	Subject
Section 125	Section 144	Order for maintenance of wives, children and parents
Section 126	Section 145	Procedure and jurisdiction
Section 127	Section 146	Alteration in allowance
Section 128	Section 147	Enforcement of order of maintenance

Table 4: Mapping CrPC to BNSS Maintenance Provisions

Which regime applies depends on when the proceeding was initiated. Petitions filed on or after 1st July 2024 run under BNSS, while pending cases continue under CrPC. The substantive law remains almost unchanged, so the vast body of Section 125 case law continues to apply. For a broader overview of the new code, read our guide on the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

10. Practical Guide for Claimants and Respondents

For Claimants (Wife/Child/Parent):

Gather Evidence: Collect salary slips, income tax returns, bank statements, and property documents of the respondent.
Document Needs: Maintain records of monthly expenses, medical bills, school fees, and rent receipts.
File Promptly: Do not delay filing the petition. Maintenance is typically awarded from the date of application.
Claim Interim Relief: Always file for interim maintenance simultaneously to avoid financial hardship during the case.
Enforce the Order: If the respondent defaults, immediately file for execution under Section 128 CrPC / Section 147 BNSS.

For Respondents:

Disclose Income Honestly: Non-disclosure can lead to adverse inference and higher maintenance orders.
Raise Valid Defences: If the wife is living in adultery or refuses to live without reason, file an application under Section 125(4) with clear evidence.
Seek Modification: If circumstances change (e.g., loss of job), apply for reduction under Section 127 / Section 146.
Comply with Orders: Willful non-payment can result in imprisonment and attachment of assets.

11. Frequently Asked Questions (FAQs)

Question	Answer
Is Section 125 CrPC still valid after BNSS?	Yes, for pending cases. New filings are under Section 144 BNSS, but the substantive law is identical.
Can a working wife claim maintenance?	Yes, if her income is insufficient to maintain the marital standard of living.
What is the maximum maintenance under Section 125?	There is no statutory cap. It depends on the respondent's means and the claimant's needs.
Can a divorced Muslim woman claim maintenance?	Yes. The Supreme Court has upheld this right under Section 125 CrPC in addition to the 1986 Act.
From which date is maintenance payable?	Usually from the date of application, unless the court orders otherwise.
What if the husband does not pay?	The court can issue a warrant for recovery and sentence him to up to one month's imprisonment per default.
Can parents claim from a married daughter?	Yes. The Supreme Court has held that daughters are equally liable to maintain parents.
Does live-in relationship qualify for maintenance?	Yes, if a marriage is presumed from long cohabitation, as held in Chanmuniya v. Virendra Kumar Singh Kushwaha (2011).

Table 5: Frequently Asked Questions on Maintenance

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Maintenance Under Section 125 CrPC (Section 144 BNSS): Legal Guide for Wives, Children & Parents

Maintenance Under Section 125 CrPC (Section 144 BNSS): A Complete Legal Guide for Wives, Children & Parents

Table of Contents

1. What is Maintenance Under Section 125 CrPC / Section 144 BNSS?