By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Family Law
Every wife in India has the legal right to claim maintenance from her husband — regardless of religion, income, or whether divorce proceedings are ongoing. Section 125 of the Code of Criminal Procedure is one of the most powerful and commonly used legal provisions for women seeking financial support.
What is Maintenance Under Section 125 CrPC?
Section 125 CrPC provides that if a person having sufficient means neglects or refuses to maintain his wife, children, or parents — a Magistrate can order him to pay a monthly allowance for their maintenance. This provision applies to all religions and communities in India.
Who Can Claim Maintenance Under Section 125?
- Wife — including divorced wife who has not remarried
- Minor children — legitimate and illegitimate
- Adult children who are physically or mentally disabled
- Parents — father or mother unable to maintain themselves
When Can a Wife Claim Maintenance?
A wife can claim maintenance when the husband has sufficient means but neglects or refuses to maintain her. She can file even if she is living separately from her husband — provided the separation is justified. Grounds for justified separation include cruelty, adultery by husband, and desertion by husband.
How Much Maintenance Can Wife Claim?
There is no fixed amount under Section 125. The Magistrate decides based on the husband’s income and assets, the wife’s income and assets, standard of living during marriage, and needs of the wife and children. Courts in India have awarded maintenance ranging from Rs 3,000 to Rs 1,00,000 per month depending on the husband’s financial capacity.
Step-by-Step Process to File Maintenance Claim
Step 1 — File Petition Before Magistrate
File a petition under Section 125 CrPC before the Judicial Magistrate First Class in the area where you or your husband resides. You can file through your advocate or through legal aid if you cannot afford one.
Step 2 — Interim Maintenance
Under Section 125(3) CrPC, you can apply for interim maintenance — temporary maintenance paid during the pendency of the case. Courts generally grant interim maintenance quickly to ensure you are not left without support during the proceedings.
Step 3 — Hearing and Evidence
Both parties present their income proof, assets, and circumstances. The husband must prove his income. The wife must show the husband has sufficient means and is neglecting maintenance.
Step 4 — Magistrate Orders Maintenance
The Magistrate passes an order specifying the monthly maintenance amount. If the husband fails to pay, he can be imprisoned for up to one month for each month of default under Section 125(3) CrPC.
Section 125 vs Section 24 HMA — Key Difference
| Feature | Section 125 CrPC | Section 24 HMA |
|---|---|---|
| Applies to | All religions | Hindus only |
| Forum | Magistrate Court | Family Court |
| Who can claim | Wife, children, parents | Either spouse |
| Speed | Faster | Depends on court |
Frequently Asked Questions
Q: Can a divorced wife claim maintenance under Section 125?
Yes — a divorced wife who has not remarried can claim maintenance under Section 125 CrPC. The Supreme Court has held that divorced wives are entitled to maintenance until remarriage.
Q: Can husband stop maintenance if wife is working?
Not automatically. Even if the wife is earning, maintenance can continue if her income is insufficient for her needs or significantly lower than the husband’s income and lifestyle. Courts look at the disparity in living standards.
Q: What if husband hides his income?
Courts can order income disclosure and examine tax returns, bank statements, and property records. If the husband deliberately hides income, the court can draw adverse inferences and fix maintenance based on his lifestyle and assets.
Need maintenance from your husband in Visakhapatnam? Advocate Ganta Surya Kiran at 19 Law Chambers has successfully secured maintenance for women across Andhra Pradesh under Section 125 CrPC and Section 24 HMA.
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Disclaimer: This article is for general legal education only. Please consult a qualified advocate before taking any legal action.