←
Section 125 — Order for maintenance of wives, children and parents
125
125
Order for maintenance of wives, children and parents
Code of Criminal Procedure, 1973
Chapter IX Order for Maintenance of Wives, Children and Parents
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
MaintenanceFamily LawFinancial SupportChapter IXModerate
🗣️ Simple Explanation
What does this law say? Section 125 of the CrPC is about maintenance. It says that people with enough money must support their wives, children, and parents if they can't support themselves. A Magistrate can order a monthly allowance.
Why does this law exist? This law ensures that families are supported. It helps those who cannot support themselves. It provides financial assistance to those in need.
Real-life impact If Priya's husband has enough money but refuses to support her, she can ask the court for maintenance. The court can order him to pay a monthly allowance. This helps Priya meet her basic needs.
What happens if you break this law? If you don't pay the maintenance, the Magistrate can issue a warrant to recover the money. You could also be sent to jail for up to one month. The police can arrest you without a warrant.
⚖️ Punishment

Imprisonment up to one month for each month's maintenance not paid.

💡 Real Life Example

Rahul refuses to support his wife. She can file for maintenance. The court can order Rahul to pay a monthly allowance. This ensures his wife's financial security.
Amit doesn't support his elderly parents. They can seek maintenance. The court can order Amit to provide financial support. This helps his parents with their expenses.

🛡️ KNOW YOUR RIGHTS
  • •Know your right to maintenance if you are eligible.
  • •Seek legal aid if you cannot afford a lawyer.
  • •Understand the process of applying for maintenance.
  • •Know the grounds for denying maintenance.
❓ FREQUENTLY ASKED QUESTIONS
Section 125 of the CrPC is about maintenance. It says that people with enough money must support their wives, children, and parents if they can't support themselves. A Magistrate can order a monthly allowance. This law ensures that families are supported and provides financial assistance to those in need.
If you don't pay the maintenance as ordered by the court, the Magistrate can issue a warrant to recover the money. You could also be sent to jail for up to one month for each month's payment you miss. The police can arrest you without a warrant.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

WhatsApp
Was this helpful?