Securing Maintenance in India: A Simple Guide

If you or someone you know needs financial support after a breakup, or if elderly parents need help, Indian law offers protection. This guide explains the old and the new rules in plain words. You will learn who can claim maintenance, how courts decide it, what to do step-by-step, and how recent reforms like the Bharatiya Nyaya Sanhita (BNS) fit in with the well-known Section 125 CrPC.

Why these laws matter

Section 125 CrPC was created to stop people from becoming destitute. It lets a Magistrate order monthly money for a wife, minor or disabled child, and parents who cannot support themselves. The law aims to give quick help without dragging people into complicated civil court cases. Recently, India’s criminal laws have been updated with the Bharatiya Nyaya Sanhita (BNS), and similar maintenance rules now appear under Section 144 of that new law. The goal remains the same: protect vulnerable family members and give fast relief.

Who can claim maintenance?

• Wife: A legal wife can ask for maintenance if she cannot support herself. In many cases a divorced wife who hasn’t remarried can claim too.
• Children: Minor children (under 18) can claim. Adult children can claim only if they are physically or mentally unable to support themselves.
• Parents: A mother or father who cannot maintain themselves can claim from their adult children.

Under the new law, similar rights are preserved. The provisions that were long known under Section 125 CrPC are now reflected in Section 144 of the Bharatiya Nyaya Sanhita (BNS), so the basic protections continue.

Key conditions courts check

• Has the person who should pay money neglected or refused to maintain the claimant?
• Can the claimant not maintain themselves?
• Does the respondent have enough income or assets to pay?

Courts look for neglect, incapacity, and the payer’s ability. The court balances the claimant’s needs against the respondent’s means. The idea is to prevent hardship, not to punish.

How the court decides the amount

The court does not use a fixed formula. It checks:

• The income, savings, property and lifestyle of both people.
• What the claimant needs: food, shelter, clothes, medical costs, and school fees for children.
• Other dependents the payer may have.
• Whether the payer is genuinely unable to earn, or is hiding income.

The court aims for a reasonable monthly sum so the claimant can live with dignity.

Step-by-step: How Section 125 CrPC cases work

• File the application: The claimant applies to the Magistrate. File in the district where the respondent lives or where the claimant stays. Attach proof like ID, marriage/birth certificates, bank statements, salary slips, rent receipts, medical reports, and any proof of the respondent’s earnings.
• Interim maintenance: Ask for temporary monthly support while the main case goes on. Courts often grant interim help quickly to avoid hardship.
• Evidence and hearing: Both sides give evidence. The Magistrate may call witnesses and look at documents to decide the amount.
• Final order and enforcement: If the court orders payment and the payer refuses, the court can attach wages, issue arrest warrants, or even send the person to simple imprisonment for default by law.

Important rules and powers

• Section 127 CrPC: If things change—like income drops, or remarriage—the maintenance order can be changed, suspended or cancelled.
• Section 125(4) CrPC: The Magistrate can issue arrest warrants or order detention if the person wilfully disobeys the maintenance order.

What recent Supreme Court guidance says

The Supreme Court decision in Rajnesh v. Neha gave clear rules to make maintenance cases faster and fairer. The court said both sides must file detailed affidavits listing assets and debts. The court also said maintenance should normally be paid from the date the claim was filed, not from the date of the court order, unless there’s a good reason to change that. This helps claimants get money earlier. The judgment also asks courts to quickly decide interim payments, ideally within 60 days, and to consider earlier maintenance orders when fresh claims come up.

How BNS and Section 125 CrPC work together

The law is changing, but the core idea stays the same. The older, procedural rule under Section 125 CrPC still serves people needing fast relief. The Bharatiya Nyaya Sanhita (BNS) modernizes criminal law and preserves maintenance protections in its own sections, like Section 144. Practically, courts will use rules from both frameworks to make sure vulnerable people get help quickly and that orders are enforced properly across India.

Practical tips for claimants

• Collect documents: marriage or birth certificates, ID proof, bank statements, salary slips, rent or electricity bills, and medical records.
• File clearly: Put facts in an affidavit and explain why you cannot support yourself.
• Ask for interim support if you need money now.
• Be honest: The court values truthful statements. Misleading the court can hurt your case.
• Get legal help: Use a lawyer or a State Legal Services Authority clinic. They can guide you and help prepare evidence.

Practical tips for respondents

• Don’t ignore court notices. Missing hearings can lead to orders against you without your side being heard.
• File full disclosure: Share your income, assets, liabilities and monthly expenses in an affidavit as required by Rajnesh v. Neha.
• If you cannot pay, show genuine reasons with proof, like job loss or medical bills.
• If your situation changes, use Section 127 CrPC to ask the court to modify the order.
• Consider negotiating or mediating to resolve things faster and less stressfully.

Common defences you might hear

• The claimant has enough income to live independently.
• The claimant left home without good reason.
• The claimant remarried, which typically ends the right to maintenance.
• The respondent genuinely cannot pay due to low income or heavy obligations.

How orders get enforced

• Courts can attach salary or other earnings to secure payments.
• They can issue arrest warrants if the respondent wilfully disobeys.
• Contempt proceedings may be used to enforce obedience to the court’s order.
• Orders are enforceable throughout India, so a person cannot avoid payment simply by moving to another state.

FAQs — quick answers

• Who can file? A wife, a minor or disabled child, and parents who cannot maintain themselves.
• Can a working wife claim? Yes. Earning does not automatically block a claim. Courts compare needs and the husband’s means.
• How much will the court award? The court balances the claimant’s needs and the payer’s capacity. No fixed number applies.
• Can orders be enforced across states? Yes. Orders under Section 125 CrPC or similar provisions under BNS are enforceable anywhere in India.
• Does remarriage end claims? Yes, remarriage generally stops a wife from claiming maintenance under these laws.

Practical checklist before you go to court

• Keep originals and copies of identity, marriage, birth and divorce papers.
• Gather bank statements, salary slips, rent receipts, and any proof of the respondent’s income.
• Document efforts to seek help before going to court, and any support you already received.
• Apply for interim maintenance if you need immediate funds.
• Talk to a family or criminal lawyer in your area.

Where things are headed

Maintenance law in India will keep focusing on quick relief, fairness and dignity. Courts and new laws like the Bharatiya Nyaya Sanhita (BNS) push for faster hearings, clearer financial disclosure, and better enforcement. As court systems modernize with e-filing and digital records, people can expect faster processes and stronger protection against destitution.

For personalised advice or to start a maintenance case, talk to a qualified lawyer in your city. Free legal aid is available through State Legal Services Authorities if you cannot afford private counsel.

About LawCrust Legal Consulting

LawCrust Legal Consulting helps people with family, criminal, civil and property matters. They offer services across India and can assist with filing maintenance claims, documentation, representation, and enforcement. Call +91 8097842911 or email inquiry@lawcrust.com to book an online consultation.

This article gives general information about Section 125 CrPC and how similar protections appear under the Bharatiya Nyaya Sanhita (BNS). It is not a substitute for legal advice. Laws and court decisions can change, so always verify the latest rules and cases with official sources or a lawyer before taking action.