Section 125 CrPC – Maintenance Case Procedure

Objective: To provide quick and effective financial relief (maintenance) to a:

• Wife
• Child (legitimate/illegitimate, minor/major but unable to maintain themselves)
• Father or mother

From a person who has sufficient means but neglects or refuses to maintain them.

Step-by-Step Procedure of a 125 CrPC Case

1. Filing of Petition

• Petition is filed by the aggrieved party (usually wife or child) before the Magistrate of First Class.
• Can be filed in the place where:
  • The applicant resides,
  • Or where the respondent resides.

Petition should include:

• Marriage or relationship details
• Neglect or refusal to maintain
• Financial status of the respondent
• Amount of maintenance sought

2. Issuance of Notice

• Court issues notice/summons to the respondent (usually husband or father).
• The respondent is given time to appear and reply.

3. Filing of Written Statement

• The respondent files a written reply/objection stating their version and grounds for denial (e.g., wife left without reason, denial of marriage, etc.).

4. Evidence Stage

• Both parties submit affidavits, documents, income proof, and may also present witnesses.
• Cross-examination follows.

5. Interim Maintenance (Section 125(1) Proviso)

• The court may grant interim maintenance during the pendency of the case based on need and prima facie assessment.

6. Final Arguments

• Oral arguments or written submissions are made by both sides.

7. Judgment and Order

• The Magistrate passes an order for monthly maintenance based on:
  • Need of the claimant
  • Income and means of the respondent
  • Lifestyle, dependents, and expenses

8. Execution of Maintenance Order

• If maintenance is not paid, the claimant can file an execution petition under Section 128 CrPC.
• The Magistrate can issue:
  • Warrant for attachment
  • Arrest of respondent (max 1 month imprisonment for each default)

Key Legal Points

🔎 Important Case Laws

• Shah Bano Case (1985) – Affirmed Muslim woman’s right to maintenance under Section 125 CrPC.
• Rajnesh v. Neha (2020) – SC laid guidelines for maintenance claim, documents, and timelines.
• Dwarika Prasad Satpathy v. Bidyut Prava Dixit (1999) – Proof of valid marriage not strictly required if cohabitation is proven.