Section 125 of the Criminal Procedure Code (CrPC) provides a swift and affordable remedy for neglected dependents to claim maintenance. It applies irrespective of the religion of the parties and covers wives (including divorced women), children (legitimate or illegitimate), and elderly parents.

A person having sufficient means who neglects or refuses to maintain these dependents can be ordered to pay monthly maintenance by a Magistrate. The amount is based on the needs of the claimant and the means of the respondent.

The provision aims to prevent vagrancy and ensure a dignified life for dependents. If the husband or child refuses to comply with the order, the court can enforce recovery through attachment of property or even imprisonment for non-compliance.

Timely application and clear financial disclosures improve the success of maintenance claims.

Understanding the Need for Fair Financial Support

Maintenance is not just a legal entitlement but also a social necessity, especially for individuals who are unable to sustain themselves due to separation or abandonment. Courts assess several factors such as the earning capacity of both parties, the standard of living enjoyed during the marriage, and genuine financial need before awarding maintenance. Importantly, the right to maintenance is gender-neutral and can be claimed by husbands, wives, children, and even parents, depending on the circumstances. Enforcing maintenance ensures economic fairness and dignity for those who may be left vulnerable due to marital breakdowns or family disputes.