Maintenance is financial support that the law requires a person to provide to a spouse, child or parent who cannot support themselves. It is one of the most-used family-law remedies because it is quick, available regardless of religion, and meant to prevent destitution while longer disputes are resolved.
Where the law now sits
For decades this remedy lived in Section 125 of the Code of Criminal Procedure (CrPC). With the overhaul of India’s criminal laws, the CrPC has been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in force from 1 July 2024. The equivalent maintenance provision is now Section 144 of the BNSS. The wording and the underlying principles carry over almost unchanged, so the large body of earlier case law continues to guide how courts apply it. Many people still search for and refer to “125 CrPC” — it is the same remedy.
Who can claim maintenance
- A wife who is unable to maintain herself — including a divorced wife who has not remarried.
- Minor children, whether legitimate or illegitimate.
- An adult child who cannot maintain themselves because of a physical or mental condition.
- Parents who are unable to maintain themselves.
The claim succeeds where the person responsible has sufficient means and has neglected or refused to provide support.
When a wife may not be entitled
A wife may be refused maintenance if she is living in adultery, if she refuses without sufficient reason to live with her husband, or if the couple are living separately by mutual consent. These are fact-specific defences and are decided on evidence.
How the amount is decided
There is no fixed formula. The court weighs the reasonable needs of the claimant, the standard of living during the marriage, the income, assets and liabilities of both sides, and the number of people each must support.
In Rajnesh v. Neha (2020), the Supreme Court issued detailed guidelines requiring both parties to file an affidavit disclosing assets and income, so that maintenance is fixed on a transparent basis and overlapping claims under different laws are avoided.
Interim maintenance
Because final hearings take time, the court can order interim maintenance to support the claimant while the case is pending. This prevents hardship during the proceedings.
Procedure and enforcement
The application is made before a Judicial Magistrate, often where the wife resides, and is dealt with through a relatively summary procedure. If an order is not obeyed, the court can enforce it by issuing a warrant to recover the amount, and continued non-payment can lead to imprisonment until the dues are cleared.
Other maintenance rights
This secular remedy sits alongside other rights — for example maintenance and alimony under the Hindu Marriage Act, support under the Hindu Adoptions and Maintenance Act, and monetary relief under the Protection of Women from Domestic Violence Act. Which route fits best depends on your circumstances.
This article is general legal information and is not legal advice. For guidance on your specific situation, please consult a qualified advocate.
