Maintenance refers to financial support provided by one person to another who is unable to maintain themselves, typically in matrimonial or family relationships. Under Section 125 of the Criminal Procedure Code (CrPC), courts can order a person with sufficient means to provide maintenance to his wife, children, or parents if he neglects or refuses to support them.

The following persons can seek maintenance under the law:

• Wife, including a divorced woman who has not remarried
• Minor children unable to maintain themselves
• Adult children suffering from disability or illness
• Parents who cannot support themselves

The objective of the provision is to prevent destitution and vagrancy by ensuring financial support for dependents.

To claim maintenance, the applicant generally needs to show:

1. A valid marital or legal relationship
2. Neglect or refusal to maintain by the respondent
3. The applicant is unable to maintain themselves
4. The respondent has sufficient financial means

Courts evaluate these factors based on evidence and circumstances of each case.

Yes. Courts have clarified that mere qualification or ability to earn is not enough to deny maintenance. What matters is whether the person is actually earning enough to maintain a reasonable standard of living comparable to that enjoyed during the marriage.

Courts determine the quantum of maintenance based on several factors, including:

• Income and financial capacity of the respondent
• Lifestyle and standard of living during marriage
• Needs of the claimant and dependents
• Educational and employment status of the parties
• Reasonable expenses for food, clothing, and shelter

The goal is to ensure the dependent spouse can maintain a dignified standard of living.

Yes. Courts can grant interim maintenance to provide immediate financial support during ongoing proceedings. Applications for interim maintenance are expected to be decided expeditiously, ensuring the claimant is not left without support while the case continues.

Maintenance may be refused if the wife:

• Is living in adultery
• Refuses to live with her husband without sufficient reason
• Lives separately by mutual consent
• Has sufficient independent income to maintain herself

These exceptions are provided under Section 125(4) CrPC.

Yes. Under Section 125 CrPC, parents who are unable to maintain themselves have the legal right to claim maintenance from their children. Courts treat this obligation as a moral and legal duty of children toward their parents.

Yes. A divorced wife who has not remarried can claim maintenance if she cannot support herself. Courts have repeatedly recognized that divorce does not extinguish the right to maintenance where financial dependence continues.

Courts increasingly require both parties to file affidavits disclosing income, assets, and liabilities, including bank statements, tax returns, and property details. This ensures fair determination of maintenance and prevents concealment of income.

Maintenance provisions are social welfare measures intended to prevent financial hardship and ensure that dependents such as spouses, children, and parents are not left destitute due to neglect or abandonment.

Yes. With the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the provision corresponding to Section 125 CrPC has been incorporated as Section 144 BNSS, while retaining the same core principles governing maintenance claims.