Section 125 of the Criminal Procedure Code (Cr.P.C) outlines the eligibility criteria for claiming maintenance when a person neglects or refuses to support their spouse, children, or parents. The affected individuals (wife, children, or parents) can seek maintenance by filing an application before a Magistrate. The Magistrate has the discretion to grant maintenance at a monthly rate deemed appropriate.

Women who have been divorced or have obtained a divorce are entitled to maintenance. However, a wife cannot claim maintenance if she is living in adultery or unreasonably refuses to live with her husband. If she remarries after divorce, she forfeits the right to claim maintenance. In such cases, a husband can apply for the cancellation of the maintenance order.

Even if spouses are living separately by mutual consent, the wife cannot claim maintenance in such a scenario. The Magistrate needs to be satisfied that the person neglecting maintenance has sufficient means to provide support.

To be eligible for maintenance, a wife must be unable to maintain herself, and minor children, legitimate or illegitimate, can claim maintenance if they are unable to support themselves. Even after reaching majority, children with physical or mental abnormalities can continue to claim maintenance.

The application for maintenance can be filed against the person liable to pay in any district where they are present, where their wife resides, or where they last resided with their wife or the mother of the illegitimate child.

During the pendency of a maintenance application, the Magistrate may order interim maintenance. Additionally, the applicant may be entitled to claim litigation expenses, and the court aims to dispose of applications for interim maintenance and expenses within 60 days from the date of notice.

If there is a change in circumstances for either the recipient or payer of maintenance, the Magistrate can make alterations. Civil litigation outcomes may also impact maintenance orders. If a competent Civil Court decision warrants it, the Magistrate can cancel or vary the maintenance order.

To enforce the maintenance order, the entitled party can obtain a copy of the order free of cost and file an application before the Magistrate where the liable party resides. The entire process is regulated by Section 128 of the Cr.PC.
Maintenance pendente lite and expenses of proceedings can be ordered by the court when it appears that the wife or husband lacks sufficient independent income for support.

A void marriage under the Hindu Marriage Act is one that is invalid from the beginning due to not following the prescribed grounds for a valid marriage. The Act covers various aspects of marriage and has been amended to address changing circumstances.

Landmark Judgments of Supreme Court on Maintenance under section 125 CRPC:-

(Click the judgment to read)

1. ANJU GARG & ANR Versus DEEPAK KUMAR GARG- CRIMINAL APPEAL NO. 1693 OF 2022
2. RAJNESH Versus NEHA & Anr.- CRIMINAL APPEAL NO. 730 OF 2020
3. Anshu Gupta v. Adwait Anand, 2023 SCC OnLine Utt 916
   
4. KAMALA AND OTHERS VERSUS M.R. MOHAN KUMAR- CRIMINAL APPEAL NOS. 2368-2369 OF 2009
5. Savitaben Somabhai Bhatiya Versus State of Gujarat and Ors.- Criminal Appeal 399 of 2005 
6. Badshah Versus Sou. Urmila Badshah Godse & Anr. -SPECIAL LEAVE PETITION (CRL.) No.8596/2013
7. SHAILJA & ANR. VERSUS KHOBBANNA CRIMINAL APPEAL NOs. 125-126 of 2017
8. Chaturbhuj Versus Sita Bai Criminal Appeal No 1627 of 2007
9. DANIAL LATIFI & ANR. Versus UNION OF INDIA- Writ Petition (civil) 868 of 198
10. Nagendrappa Natikar Versus Neelamma- SPECIAL LEAVE PETITION (CIVIL) NO. 11800 OF 2013

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