Maintenance u/s 125 CrPC is basically a Civil Proceeding

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].

Although maintenance proceedings are of civil nature, the provision is included in Criminal Law to provide an effective and speedy remedy because the Criminal Courts are better equipped for quick enforcement, not forcing the individuals to undergo complex and often-lengthy process of civil litigation.

References

  1. Rina Kumari @ Rina Devi @ Reena v Dinesh Kumar Mahto @ Dinesh Kumar Mahato & Another [2025 INSC 55]

 

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