Section 125 of the Criminal Procedure Code (CrPC) provides for maintenance of wives, children, and parents who are unable to sustain themselves. This section outlines the eligibility criteria for claiming maintenance, the quantum of maintenance, and procedures for enforcement and recovery.
Key Provisions
- Applies to Wife, Children, Parents Unable to Maintain Themselves: Section 125 provides maintenance for the wife, legitimate and illegitimate children, and parents who are unable to sustain themselves.
- Establishes Legal Right to Claim Maintenance: It establishes a legal right of the eligible persons to claim maintenance from their spouse, parents, or children having sufficient means. The right to claim maintenance under this section is in addition to the right to claim maintenance under other laws.
- Maintenance Amount and Factors Considered: The maintenance amount should be enough to meet the basic necessities such as food, clothing, residence, and medical attendance and treatment. Factors considered while determining quantum of maintenance include the means of the payer, needs of the claimant, number of persons entitled for maintenance, and other dependents being maintained by the payer.
About Section 125 of CrPC:
- Section 125 CrPC is a secular provision that applies to persons of all religions
- Maximum jail term prescribed for non-payment of maintenance is 1 month
- Interim maintenance can be claimed during trial proceedings under Section 125
- Claimant needs to establish that the opposite party has sufficient means and has neglected or refused to maintain
- Burden of proof lies on the opposite party to show that the claimant has sufficient means or is living in adultery
- Maintenance orders can be enforced anywhere in India
- Amounts paid towards maintenance are deductible from income of the payer under income tax laws
- CrPC includes provisions for maintenance of wives only and not husbands staying at home
- Under personal laws, apart from CrPC, wives can also claim maintenance under Dissolution of Muslim Marriages Act 1939, Protection of Women from Domestic Violence Act 2005 among others
- Special courts expected to dispose of 125 CrPC cases within 6 months under Access to Justice project by Department of Justice
- Number of cases disposed under the section increased from 4.5 lakh in 2014 to 6.5 lakh in 2020
Key Statistics and Data
Key Data on Section 125 CrPC Maintenance Cases
| Parameter | Statistics |
| Total cases pending (as of 2020) | 10,75,844 |
| Average disposed per year (2010-2020) | 5,62,496 |
| Claims pending over 10 years | 3,75,000 |
| Maximum maintenance awarded by court per month (as of 2020) | Rs 20,000 |
| Average maintenance awarded per month (as of 2020) | Rs 4,000-6,000 |
Eligibility Criteria
- Wife: Legally wedded wife who is unable to maintain herself
- Children: Legitimate and illegitimate children below 18 years of age, or if over 18 years physically or mentally unfit
- Parents: Father or mother unable to maintain himself or herself
Grounds and Conditions for Grant of Maintenance
The magistrates consider the following grounds and conditions while determining the eligibility of claimants and quantum of maintenance:
- Means/income of husband/father/children
- Needs and dependent status of claimant
- Value of claimant’s property and income
- Number of persons entitled for maintenance
- Reasonable wants regarding food, clothing, residence, medical attendance, and treatment of dependent
- Claimant should be unable to maintain self
- Husband has neglected or refused to maintain
- Proof of cruelty/sexual infidelity/conversion for wife’s claim
Key Amendments expanding scope
Some amendments have expanded the scope and eligibility under Section 125:
- Removed ceiling of Rs 500 per month maintenance amount
- Reduced minimum age for maintenance of children and parents from 18 to 15 years
- Widened definition of wife to include judicially separated woman
- Included divorced Muslim women based on Danial Latifi judgment
- Maintenance extended for lifetime of claimant
Enforcement and Recovery of Maintenance Orders
Key measures in Section 125 regarding enforcement and recovery of maintenance:
- Attachment of Salary: Up to 50% deduction from salary for payment
- Issue Warrants: For arrest and detention in prison for willfully avoiding payment
- Transfer of Property for Payment: Magistrate can order transfer of payee’s property for maintenance
- Maintenance Claim Not Extinguished By Death: Claim does not extinguish after death and can be enforced by legal representatives
Based on the above provisions, Section 125 aims to provide much needed legal protection to vulnerable persons including destitute women, children, and parents who are unable to sustain themselves.
- Over the years, amendments and judgments have expanded its scope. However, effective and timely enforcement of maintenance orders remains a challenge.
- Concerted efforts on enforcement along with expediting disposal of pending cases is required to ensure benefits to rightful claimants.
