Section 126Procedure
126
126
Procedure
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 LawProcedureLegal Rights
🗣️ Simple Explanation
What does this law say? Section 126 of the CrPC explains where a maintenance case can be filed. It tells you where a case about financial support for a wife, child, or parent can be heard. This includes where the person lives, or where they last lived with their wife or the mother of their child. The court will hear the case in front of the person or their lawyer. If someone avoids the court, the case can proceed without them. The court can also decide who pays the costs of the case.
💡 Real Life Example

Rahul lives in Delhi, but his wife, Priya, lives in Mumbai. Priya can file a maintenance case in either Delhi or Mumbai. The court will decide based on where Rahul is or where they last lived together. The court will then decide on the maintenance amount.

Amit lives in Kolkata, and his parents live in a village. Amit's parents can file a maintenance case in Kolkata, where Amit lives. The court will then decide on the maintenance amount.

🛡️ KNOW YOUR RIGHTS
  • File a maintenance case in the correct court.
  • Attend court hearings or have your lawyer present.
  • Present evidence to support your case.
  • Seek legal aid if you cannot afford a lawyer.
  • Understand the court's orders and follow them.
FREQUENTLY ASKED QUESTIONS
Section 126 of the CrPC tells you where a maintenance case can be filed. It specifies the locations where a case for financial support can be heard. This includes where the person lives, or where they last lived with their wife or the mother of their child. This ensures that the process is accessible.
Section 126 itself doesn't deal with bail. It's about where to file a maintenance case. The issue of bail depends on the specific actions related to the maintenance order. If someone fails to pay maintenance, the court might take action, which could involve fines or even jail time, depending on the situation.
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.

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