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Peace Legal Information: Making Law Simple for Every Citizen

Peace Legal Information: Making Law Simple for Every Citizen

Table of Contents Introduction — purpose & scope Why legal awareness matters Rights & Duties — equal and reciprocal Role of Police — how to cooperate Everyday laws to keep handy How to use the law to protect yourself Conclusion Introduction — purpose & scope Peace4.in brings plain-English legal information to every person living in or visiting India. This pinned page is a gateway: it explains the site's purpose, how to navigate topic clusters, and how the law can be used to prevent harm and resolve disputes through recognised legal channels. We focus only on Indian legal context and practical steps. Our aim is to increase legal literacy, encourage lawful behaviour, and support peaceful, constructive resolution of conflicts. ↑ Back to top Why legal awareness matters Legal knowledge empowers you to avoid common mistakes, make informed decisions, and access remed...
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Section 125 CrPC: Maintenance for Women in India

 

Section 125 CrPC: Maintenance for Women in India

What is Section 125 CrPC?

Section 125 of the Code of Criminal Procedure (CrPC) in India empowers certain categories of people, especially wives, to seek maintenance from a person who has neglected or refused to maintain them. It is a secular provision, meaning it applies to people of all religions and castes, making it a powerful protection tool for women across India.

This section ensures that no woman is left financially helpless after separation, abandonment, or neglect by her husband or family.

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Who Can Claim Maintenance?

Under Section 125 CrPC, the following categories of people can claim maintenance:

  • Legally wedded wives (even if divorced, provided they are not remarried)
  • Children (legitimate or illegitimate) who are minors or unable to care for themselves
  • Parents (mother or father unable to support themselves)

For women, this is particularly useful if:

  • They are abandoned by their husband
  • They are victims of domestic abuse or marital cruelty
  • They have no independent income to support themselves
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How to File for Maintenance

The application for maintenance under Section 125 CrPC can be filed in the local Magistrate's Court (First Class). Here's the basic procedure:

  1. Prepare a maintenance application with legal or NGO help
  2. Submit it in the Magistrate Court of the area where the wife resides or the husband resides
  3. Attend court hearings; the court may conduct basic inquiry
  4. The husband will be asked to submit financial documents
  5. The Magistrate will determine maintenance amount based on needs and income

There is no strict time limit to file under Section 125, but early filing is recommended to avoid delays.

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Landmark Judgments

  • Shah Bano v. Mohd. Ahmed Khan (1985): This famous case upheld the right of a divorced Muslim woman to claim maintenance under Section 125 CrPC, overriding personal laws.
  • Danial Latifi v. Union of India (2001): The Supreme Court interpreted the Muslim Women (Protection of Rights on Divorce) Act, 1986 in a way that ensured divorced Muslim women received fair and extended maintenance.

These judgments clarified that maintenance is a right grounded in dignity, not charity, and personal religious laws cannot deny basic survival support to women.

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FAQs on Section 125 CrPC

Q1: What happens if the husband refuses to pay?
The court can issue a warrant, attach property, or even sentence him to jail for non-compliance.

Q2: Can a working wife claim maintenance?
Yes, if her income is insufficient to meet basic needs or she is partially dependent.

Q3: How much maintenance is typically granted?
It depends on the husband's income, lifestyle, and basic needs of the wife. There’s no fixed amount.

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Location: India