Maintenance u/s 125 CrPC is basically a Civil Proceeding

Posted inCriminal law, Matrimonial and Maintenance Cases
Maintenance proceedings under Section 125 of the Code of Criminal Proceedings (CrPC) are essentially civil in nature and should not be equated with criminal proceedings merely because they involve a penal consequence, says the SC in Rina Kumari @ Rina Devi @ Reena v Dinesh Kumar Mahto @ Dinesh Kumar Mahato & Another [2025 INSC 55].

Muslim Woman Can Seek Maintenance u/s 125 CrPC

Posted inCriminal law, Family, Marriage & Divorce, Matrimonial and Maintenance Cases
The Supreme Court (SC) says in a judgement in Mohd. Abdul Samad v State of Telangana & Another [2024 INSC 506] that the Muslim women are eligible for maintenance under Section 125 of the Code of Criminal Procedure (CrPC) and the religion neutral provision is applicable to all married women irrespective of their religion.

Wife’s right to Claim Maintenance in India

Posted inFamily, Marriage & Divorce, Matrimonial and Maintenance Cases
Maintenance refers to the amount payable by a husband to the wife (or wife to husband) who is unable to maintain herself. It can be claimed either during the marriage or after the divorce. The objective of granting maintenance is to ensure that the dependent spouse should not be lead to destitution or vagrancy but it should not be a punishment to the other.

Maintenance for Wife, Children & Parents u/s 125 CrPC

Posted inCriminal law, Family, Marriage & Divorce, Matrimonial and Maintenance Cases
Wife, children and parents are eligible to claim maintenance in the form of monthly rate under Section 125 of the Criminal Procedure Code, 1973 (CrPC). To claim maintenance, a wife, child or Parent will have to file an application before the Magistrate. The Magistrate will grant such maintenance as he thinks fit.