Section 125 Maintenance Lawyer in Delhi
Section 125 Maintenance Provisions Under BNS, BNSS, BSA, CrPC, and CPC
Section 125 of CrPC (now under BNSS) is a crucial legal provision that ensures financial support for wives, children, and parents who are unable to maintain themselves. Below is a detailed breakdown of maintenance provisions under various laws:
1. Maintenance Under Bharatiya Nyaya Sanhita (BNS), 2023
The BNS (which replaced IPC) does not directly contain maintenance provisions, but related laws support maintenance rights:
- Section 85 BNS (formerly 498A IPC) – If a wife is subjected to cruelty, she can seek maintenance under Section 125 BNSS.
- Section 86 BNS – If a husband abandons his wife without support, she can claim maintenance under BNSS.
2. Maintenance Under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (Formerly CrPC 125)
(A) Section 125 BNSS – Maintenance to Wife, Children, and Parents
- A wife (including divorced or separated wives), minor children, and elderly parents can seek maintenance.
- If a person neglects or refuses to provide maintenance, the court can order monthly payments.
(B) Who Can Claim Maintenance?
- Wife (includes divorced wife unless remarried).
- Minor child (legitimate or illegitimate).
- Major child (if physically or mentally unable to support themselves).
- Parents (father/mother unable to support themselves).
(C) How Much Maintenance Can Be Claimed?
- There is no fixed limit. The amount depends on:
- Husband’s income and financial status.
- Wife’s needs and living expenses.
- Standard of living before separation.
(D) What If the Husband Refuses to Pay Maintenance?
- The court can issue an arrest warrant if maintenance is not paid for more than one month.
3. Maintenance Under Bharatiya Sakshya Adhiniyam (BSA), 2023
- BSA (which replaced the Indian Evidence Act) helps in proving income and financial status in maintenance cases.
- Bank records, salary slips, property documents, and past expenses can be submitted as evidence.
4. Maintenance Under Civil Procedure Code (CPC)
- Wife can file a civil suit for maintenance if the husband fails to provide financial support.
- Interim maintenance orders can be passed before final judgment.
5. Additional Maintenance Provisions Under Other Laws
(A) Maintenance Under Hindu Laws
- Hindu Marriage Act, 1955 – Section 24 & 25 (Interim & Permanent Maintenance).
- Hindu Adoption & Maintenance Act, 1956 – Section 18 (Wife’s right to maintenance).
(B) Maintenance Under Muslim Laws
- Muslim Women (Protection of Rights on Divorce) Act, 1986 – Maintenance for divorced Muslim women.
- Nikah Nama (Marriage Contract) can specify maintenance obligations.
(C) Maintenance Under Special Marriage Act, 1954
- Section 37 – Allows divorced women to claim maintenance.
(D) Maintenance Under Domestic Violence Act, 2005
- Section 20 – Allows monetary relief, including maintenance.
6. Steps to File a Maintenance Case Under Section 125 BNSS (Formerly CrPC 125)
Step 1: File a Petition in Family Court
- A petition must be filed in the Family Court/Magistrate Court where the wife resides.
Step 2: Attach Necessary Documents
- Marriage proof (Marriage certificate, wedding photos, etc.).
- Proof of husband’s income (salary slips, bank statements).
- Proof of financial need (medical bills, rent receipts).
Step 3: Court Summons to Husband
- The court will issue a notice to the husband to appear and respond.
Step 4: Court Hearing & Evidence Submission
- The wife must prove neglect and husband’s ability to pay maintenance.
- The husband can counter-argue financial constraints.
Step 5: Court Decision & Maintenance Order
- The court will fix a maintenance amount based on income and living standards.
- Maintenance is paid monthly.
7. FAQs on Maintenance (Section 125 BNSS, Formerly CrPC 125)
1. Can a working wife claim maintenance?
Yes, if her income is insufficient to maintain the same standard of living.
2. Can a wife claim maintenance after divorce?
Yes, a divorced wife can claim maintenance unless remarried.
3. Can parents claim maintenance from their son/daughter?
Yes, elderly parents who cannot support themselves can file a claim.
4. How long does a maintenance case take in court?
It can take 6 months to 2 years, depending on case complexity.
5. Can a maintenance order be modified later?
Yes, if there is a change in financial status, the wife/husband can apply for revision.
6. What happens if the husband refuses to pay maintenance?
- The court can issue an arrest warrant.
- The wife can recover unpaid maintenance as arrears.
7. Can maintenance be claimed in a live-in relationship?
Yes, if the woman proves she was in a long-term relationship resembling marriage.
8. Can a husband get maintenance from his wife?
Yes, if the husband is disabled and unable to earn, he can claim maintenance.
9. What is the difference between Section 125 BNSS and Domestic Violence Act maintenance?
- Section 125 BNSS: Focuses on financial support for wives, children, and parents.
- Domestic Violence Act: Provides monetary relief, residence rights, and protection orders.
10. Is there a maximum maintenance amount under Section 125 BNSS?
No, the court decides based on husband’s financial status and wife’s needs.
11. Can maintenance be claimed for children?
Yes, minor children (legitimate or illegitimate) and major children (if disabled) can claim maintenance.
12. Can a woman file for maintenance without divorce?
Yes, she can file under Section 125 BNSS even if still married.
13. Can a husband refuse to pay if the wife left him?
- If the wife left without a valid reason, she may not get maintenance.
- If she left due to cruelty or neglect, she can claim maintenance.
14. What if the wife remarries?
If the wife remarries, she loses the right to maintenance from her ex-husband.
15. Can a woman claim maintenance if she is well-educated?
Yes, unless she is earning enough to support herself.
8. Conclusion
- Section 125 BNSS (Formerly CrPC 125) ensures financial security for wives, children, and parents.
- Courts decide maintenance based on financial capacity and need.
- Legal assistance can help in filing and securing fair maintenance.
Would you like a detailed guide on filing a petition or case laws on maintenance? 🚀
