Section 125 of the Code of Criminal Procedure, 1973 aimed to provide quick financial relief to dependents. It helped wives, children, and parents who could not support themselves. This provision applied to all religions. Its main purpose was to prevent poverty and neglect.
Under this section, a wife could claim maintenance, including a divorced wife who had not remarried. Minor children, whether legitimate or illegitimate, also had this right. In addition, major children with physical or mental disabilities could seek support. Dependent parents could also claim maintenance from their earning children.
Courts focused on immediate financial support rather than matrimonial disputes. They considered income, financial capacity, and basic needs before passing orders. Because of its simple process, people widely used this provision for quick relief.
Wife
A wife can seek maintenance if she cannot support herself after separation or divorce. She may claim interim or permanent support under Section 125 CrPC, the Hindu Marriage Act, and the Domestic Violence Act. Courts assess her needs, lifestyle, and the husband’s income before deciding.
Child
Parents must support minor children for education, healthcare, and daily needs. Even adult children can claim maintenance if a disability prevents them from earning.
Dependent Parents
Elderly or dependent parents may seek maintenance from their children if they lack financial support. Courts protect this right under welfare laws.
Husband (Exceptional Cases)
In rare situations, a husband may claim maintenance if he cannot earn due to disability. However, courts examine such cases very strictly.
The Bharatiya Nagarik Suraksha Sanhita, 2023 introduced Section 144. It replaced Section 125 CrPC while keeping the same welfare objective. The law continues to protect wives, children, and parents.
However, it now focuses on faster case disposal and better enforcement. Courts aim to provide timely relief and ensure compliance with orders. They also take stricter action against non-payment.
This reform strengthens accountability and improves transparency. Overall, it modernizes the process while protecting vulnerable dependents.
If you want clarity on maintenance laws in India, legal guidance helps you understand your rights better. With expert support, you can navigate maintenance laws in India confidently and lawfully.
Our experienced lawyers will review your concern and provide timely, transparent, and reliable legal advice tailored to your specific needs.Contact us for professional, confidential, and result-oriented legal guidance tailored to your case.
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