Order for Maintenance of Wives, Children and Parents

Explanation

Section 125 is one of the most widely used provisions in Indian criminal law — a secular maintenance remedy available to wives, minor children, and elderly parents regardless of religion, caste, or community. The provision's secular character was decisively affirmed by the Supreme Court in Shah Bano Begum (1985) — a divorced Muslim woman is entitled to maintenance under Section 125 CrPC beyond the iddat period if she is unable to maintain herself. Despite the subsequent Muslim Women (Protection of Rights on Divorce) Act 1986, courts have continued to protect Muslim women's right to maintenance under Section 125. The provision has no statutory ceiling on the maintenance amount — courts have awarded substantial amounts based on the husband/father's income and standard of living. The 'wife' definition (including divorced wives who have not remarried) is critically important — a divorced woman can claim Section 125 maintenance from her ex-husband if unable to maintain herself, regardless of any divorce settlement. BNSS Section 144 makes two important changes: (1) the magistrate must decide the maintenance application within 60 days of service of notice on the respondent — addressing the notorious delay in maintenance proceedings; and (2) interim maintenance is explicitly mandated to be paid within 60 days of the order.