Section 125 CrPC (Now BNSS): Maintenance for Wife, Children and Parents Explained (2026)

Explainer · Criminal Procedure

Updated for 2026 · Claw Editorial

Section 125 CrPC lets a wife, children or parents who cannot maintain themselves claim monthly maintenance from a person with sufficient means who neglects or refuses to support them. Under the new criminal code, the same remedy is Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. This guide explains who can claim, on what grounds, how the amount is fixed, which court to approach, how interim maintenance works, and how the old and new section numbers match. Last verified October 2026.

01Why this section matters, and why people get it wrong

Maintenance under Section 125 CrPC is a quick, low-cost remedy meant to stop a dependent person from falling into poverty. It is not a punishment, and it is not a property or divorce settlement. Many clients and even junior lawyers mix these up, which leads to wrong pleadings and delay.

Old number, new number

Courts, forms and judgments still use "125 CrPC" every day, while new filings are made under Section 144 BNSS. Searching for only one number can miss half the case law. Use both when you research. The mapping is explained in a section below.

It is a summary remedy

The Magistrate does not decide who is right in the marriage. The court only asks three practical questions: is the claimant unable to maintain herself or himself, does the other person have sufficient means, and has that person neglected or refused to maintain the claimant.

Section 125 CrPC (now Section 144 BNSS) asks a simple question: can the claimant not support herself, and can the other person afford to help but refuses.

02Who can claim maintenance

Four groups of people can claim maintenance under this section. The person against whom the claim is made must have sufficient means.

• Wife: a wife who cannot maintain herself can claim from her husband. The word "wife" includes a divorced woman who has not remarried.
• Minor children: legitimate or illegitimate, whether or not married (for a minor daughter, the claim is against the father if she is not yet able to maintain herself).
• Adult children with a disability: a major child, other than a married daughter, who cannot maintain himself or herself because of a physical or mental abnormality or injury.
• Father or mother: parents who are unable to maintain themselves can claim from a son or daughter who has sufficient means.

Can a husband claim? No. The section does not give a husband a right to maintenance from his wife under this provision. A husband who needs support after divorce or separation has to look at personal-law or matrimonial-court remedies instead. See the FAQ below.

Muslim women

In Mohd. Abdul Samad v. State of Telangana (2024), the Supreme Court held that a divorced Muslim woman can claim maintenance under Section 125 CrPC, and that the Muslim Women (Protection of Rights on Divorce) Act, 1986 is in addition to this right and does not take it away. The same reasoning applies to the BNSS provision.

03Grounds and conditions for a claim

A claim succeeds when three conditions are met together.

1. The claimant cannot maintain herself or himself. Some income does not always defeat a claim. The question is whether the income is enough for a reasonable life.
2. The other person has sufficient means. This is judged from income, assets, ability to earn and other duties.
3. Neglect or refusal. The respondent has failed or refused to maintain the claimant.

When a wife loses the right

A wife is not entitled to maintenance under this section if she is living in adultery, if she refuses without sufficient reason to live with her husband, or if the spouses are living apart by mutual consent. The court can cancel an order if these facts are later proved. These grounds apply to the wife only, not to children or parents.

If a husband offers to maintain his wife on condition that she lives with him, and she refuses, the court looks at her reasons. Cruelty, a second marriage by the husband or similar grounds can be a sufficient reason to live apart.

04How the amount is fixed

There is no fixed formula and no cap. The old ceiling of Rs 500 per month was removed by the 2001 amendment to the CrPC, so the Magistrate decides a reasonable monthly figure on the facts of each case.

Courts usually look at the following:

• Income and assets of both sides, and any property held.
• The standard of living the claimant was used to during the relationship.
• Needs of the claimant, including rent, food, medical costs and, for children, school fees.
• Other duties of the respondent, such as a new family, ageing parents or loans.
• Whether the claimant has any income of her or his own.

In Rajnesh v. Neha (2020), the Supreme Court gave detailed directions for maintenance cases. These include a standard affidavit of assets and liabilities from both sides, and a rule that maintenance is ordinarily payable from the date of the application. It also asks courts to adjust what has already been awarded in other proceedings, so the payer does not pay twice for the same period.

The order can later be changed if circumstances change, for example a rise or fall in income. A separate provision of the code deals with changing or cancelling the allowance.

05Procedure and which court hears it

A maintenance application is filed before a Magistrate, normally the Judicial Magistrate of First Class. It can be filed in the district where the respondent lives, where the claimant lives, or where the respondent last lived with the wife or with the mother of the illegitimate child.

Steps in a typical case

1. Application: the claimant files a petition with income, expense and relationship details, and a supporting affidavit.
2. Notice: the Magistrate issues notice to the respondent, who files a reply and his or her own affidavit of means.
3. Interim relief: the claimant can ask for interim maintenance while the case is pending.
4. Evidence: both sides lead evidence on means, need and neglect.
5. Order: the Magistrate passes an order for a monthly allowance, usually from the date of the application or the date of the order.

If the respondent does not pay, the claimant can apply to enforce the order. Non-payment without sufficient cause can lead to a warrant for recovery and, in some cases, imprisonment of the defaulter for a limited period.

Criminal lawyers handling many such matters across different courts need a reliable way to track dates and orders. See our guide to case management software for criminal lawyers.

06Interim maintenance

Interim maintenance is a temporary monthly amount paid while the main case is still pending. The Magistrate can order it, along with the expenses of the proceedings, when the claimant shows a prima facie need. The law says the application for interim maintenance should, as far as possible, be decided within 60 days from the date of service of notice on the respondent.

This matters in practice because a final order can take months or years. A claimant who has no income cannot wait that long. Many courts now ask both sides to file asset and liability affidavits early, so the interim amount is based on real figures and not on guesses.

Tips for the first hearing

• File the interim application together with the main petition.
• Attach proof of expenses, such as rent receipts, school fee receipts and medical bills.
• Disclose your own income honestly. Incorrect affidavits can hurt the claim.

07CrPC 125 to BNSS 144 mapping

Section 144 of the BNSS 2023 replaces Section 125 of the CrPC 1973 and carries the maintenance remedy forward in nearly the same terms. The BNSS applies to proceedings begun after it came into force on 1 July 2024.

For related sections that moved in the same change, see our explainers on Section 144 CrPC (a different law, about prohibitory orders, not maintenance) and Section 102 CrPC. Take care: "Section 144" means maintenance in the BNSS but prohibitory orders in the old CrPC, so always say which code you mean.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

For a maintenance matter, the practical use is twofold. Case search helps you find High Court and Supreme Court judgments on quantum, interim maintenance and divorced-wife claims, searching under both "125 CrPC" and "144 BNSS". Case management helps you track hearing dates and orders across Magistrate courts so interim applications and enforcement steps are not missed. Claw has a free plan for individual advocates; teams and enterprises are on paid plans.

09Sources and further reading

Check the exact text of the sections on the official sites:

• India Code (CrPC 1973 and BNSS 2023 bare text): indiacode.nic.in
• Supreme Court of India (judgments): sci.gov.in
• Claw: clawlaw.in

This page is general information, not legal advice. Last verified October 2026.

10Frequently asked questions