MAINTENANCE LAW-SECTION 125 CrPC, 1973

Law of Maintenance in India is governed by following laws/Acts:

  1. Section 125 Cr.P.C. (Code of Criminal Procedure)- The proceeding of the maintenance under section 125 of CrPC takes place before Family Court of competence Jurisdiction. It is most commonly used by the advocates for claiming maintenance for their clients.
  2. Domestic Violence Act– Provision of Domestic Violence has brought specifically for the concept of right to residence. Right to residence mean that living in the matrimonial home or shared house or husband is providing alternate accommodation of the same status where parties were living at the time of separation
  3. Section 24 of the Hindu Marriage Act– Section 24 Hindu Marriage Act is invoked when there is a petition already pending of the nature of annulment of marriage, judicial separation, Restitution of Conjugal Rights.
  4. Section 18 of Hindu Adoption and Maintenance Act- Section 18 of Hindu Adoption and Maintenance Act provides, amongst other, wife and children claim to seek maintenance from spouse.

The concept of ‘maintenance’ in India is covered under Section 125 of the Code of Criminal Procedure, 1973 (Section 125) which is commonly used by the lawyers. Under Indian law, the term ‘maintenance’ includes an entitlement to food, clothing and shelter, being typically available to the wife, children and parents. It is a measure of social justice and an outcome of the natural duty of a man to maintain his wife, children and parents, when they are unable to maintain themselves. The object of maintenance is to prevent immorality and deprivation and enhance the economic condition of women and children. This is also called Right to Maintenance. This section provides speedy, effective and rather inexpensive remedies against person who neglect or refuse to maintain their dependent. Though the subject-matter is civil in nature, but it has been included in Criminal Procedure Code (CrPC), 1973 in order to provide more speedy justice.

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This provision is enumerated in our CrPC, 1973. This is also called Right to Maintenance. Under this provision, wife can claim maintenance for her livelihood. This section provides speedy, effective and rather inexpensive remedies against person who neglect or refuse to maintain their dependent, wives, children and parents. Though the subject-matter is civil in nature, but it has been included in Criminal Procedure Code (CrPC), 1973 in order to provide more speedy justice.

This law is applicable to all persons belonging to all faiths. Therefore, it has nothing to do with personal law of the parties.

Our Law Firm deals with varieties of maintenance cases and complex family laws issues. Our integrity and diligence makes winning combination. When you are choosing the best maintenance lawyer or family law lawyer, in this situation you can completely rely on our Legal Firm.