How to Apply for Maintenance Under Section 125 CrPC — Step-by-Step Guide

To apply for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023), file a maintenance petition before the Judicial Magistrate First Class in whose jurisdiction you reside. The court must dispose of interim maintenance applications within 60 days of service of notice. The total cost ranges from approximately ₹5,000 to ₹25,500 including court fees and advocate charges, and interim maintenance can be ordered from the date of application itself.

Who can apply for maintenance under Section 125

• Wife — A wife who is unable to maintain herself can claim maintenance from her husband, including a woman who has been divorced but has not remarried. A wife living in adultery or who has refused to live with her husband without sufficient reason is not entitled. Notably, this provision applies to wives of all religions — it is a secular remedy.
• Legitimate or illegitimate minor children — Any child who has not attained majority (18 years) can claim maintenance from their father, whether born within or outside wedlock
• Legitimate or illegitimate major children — Adult children with physical or mental abnormality or injury who are unable to maintain themselves can claim maintenance from their father
• Father or mother — Elderly parents who are unable to maintain themselves can claim maintenance from their children who have sufficient means. Following the 2001 amendment, both father and mother can independently claim maintenance.

You cannot apply under Section 125 if: You have sufficient means to maintain yourself, you are a wife living in adultery, you have remarried after divorce, or you are a wife who has refused to live with her husband without sufficient cause. However, a wife who has obtained a decree of divorce is still entitled until she remarries.

Important — Overlapping remedies: Maintenance can be claimed under multiple statutes simultaneously. A Hindu wife can also claim under Section 18 of the Hindu Adoptions and Maintenance Act, 1956. A Muslim divorced woman can claim under the Muslim Women (Protection of Rights on Marriage) Act, 2019. These remedies are not mutually exclusive, though the court will consider the total maintenance received from all sources.

Documents you will need

Mandatory documents

• Maintenance petition — Drafted by your advocate, stating facts of the marriage, respondent's income, your inability to maintain yourself, and the maintenance amount claimed
• Affidavit of Disclosure of Assets and Liabilities — Mandatory as per the Supreme Court's directions in Rajnesh v. Neha (2021) 2 SCC 324. Must include: all sources of income (salary, business, rental, investments), immovable properties, movable assets (bank accounts, FDs, mutual funds, vehicles, jewellery), liabilities (loans, EMIs), and monthly expenditure
• Marriage certificate — Proof of marriage (or wedding invitation, photographs, and other evidence if certificate is not available)
• Identity proof — Aadhaar card, voter ID, or passport (original + 2 photocopies)
• Address proof — Utility bill, bank statement, or Aadhaar showing current residential address
• Income proof of respondent — Salary slips, ITR acknowledgments, Form 16, or any other evidence showing the respondent's income and financial capacity. If direct evidence is unavailable, provide circumstantial evidence (respondent's lifestyle, vehicle ownership, property ownership, social media activity showing expenditure)

Additional documents (if applicable)

• Children's birth certificates — If claiming maintenance for minor children
• Medical certificates — If claiming higher maintenance due to medical expenses for yourself or children
• Proof of husband's income and assets — Bank statements, property records, vehicle registration certificates, business registration — any evidence showing the respondent's financial capacity
• Previous court orders — If any earlier maintenance orders exist from other proceedings (Section 18 HAMA, DV Act, etc.)
• Proof of expenses — Rent receipts, school fee receipts, medical bills, and other regular expenses to substantiate the maintenance amount claimed

Step-by-step process

Step 1: Determine eligibility and jurisdiction — Identify where to file

Confirm that you fall within one of the four categories eligible for maintenance under Section 125 CrPC (wife, minor children, disabled adult children, or elderly parents). File the petition in the court of the Judicial Magistrate First Class (JMFC) within whose local jurisdiction you (the applicant) reside, or where the respondent resides, or where the respondent last resided with the applicant.

Where: Judicial Magistrate First Class court or Family Court (in areas where Family Courts have been given jurisdiction over Section 125 matters) Form: No prescribed government form — petition is drafted by the advocate Fee: Court fee of ₹200-500 (varies by state)

Tip: Under the 2001 amendment to Section 125, the wife can file in the court where she resides. You do not need to travel to the husband's city to file. This is a significant protection for women who have moved back to their parental home after separation.

Step 2: Prepare the mandatory Affidavit of Disclosure — Follow Rajnesh v. Neha format

Prepare a detailed Affidavit of Disclosure of Assets and Liabilities in the format prescribed by the Supreme Court in Rajnesh v. Neha (2021). This affidavit must comprehensively list all your income sources, assets (immovable and movable), liabilities, and monthly expenditure. Your advocate will help prepare this in the correct format.

Where: Prepared with your advocate; sworn before a notary or oath commissioner Form: Affidavit of Disclosure format as prescribed by the Supreme Court Fee: ₹10-100 (stamp paper for affidavit) + ₹50-100 (notarisation)

Tip: Be completely honest and comprehensive in your disclosure. Courts take a very dim view of parties who conceal assets. Under the Rajnesh v. Neha guidelines, the respondent is also required to file their own disclosure affidavit within four weeks of notice — any failure to do so allows the court to draw an adverse inference about their financial capacity.

Step 3: Draft and file the maintenance petition — Include all relevant facts

Engage an advocate to draft the maintenance petition. The petition must clearly state: the date and place of marriage, the number and ages of children, the reasons for living separately (neglect, desertion, cruelty), the respondent's income and financial capacity, the applicant's inability to maintain herself, the monthly maintenance amount claimed with a detailed breakup, and any interim maintenance sought. File the petition with all supporting documents.

Where: Filing counter of the Magistrate court or Family Court Form: Maintenance petition under Section 125 CrPC / Section 144 BNSS Fee: ₹200-500 (court filing fee)

Tip: Claim a specific monthly amount with a detailed breakup covering rent, food, clothing, medical expenses, children's education, and other essentials. Courts are more responsive to well-substantiated claims than vague demands for a lump sum.

Step 4: File an application for interim maintenance — Seek immediate relief

Simultaneously with the main petition or shortly thereafter, file a separate application for interim maintenance. This ensures you receive financial support during the pendency of the main case, which can take several months. The court is required to dispose of interim maintenance applications within 60 days from the date of service of notice on the respondent.

Where: Before the same court where the main petition is filed Form: Application for interim maintenance and litigation expenses Fee: ₹50-100 (miscellaneous application fee)

Tip: Courts have held that interim maintenance should ordinarily be granted from the date of the application, not from the date of the order. Include a specific prayer requesting maintenance from the date of filing. Also seek litigation expenses — the court can order the respondent to pay your advocate's fees.

Step 5: Attend the first hearing — Court issues notice to the respondent

On the first hearing date, the court examines the petition and, if satisfied that a prima facie case exists, issues notice to the respondent directing them to appear and file their response within a specified period (usually 30 days). The court may also pass an ad interim maintenance order at this stage if the applicant demonstrates urgent need.

Where: Courtroom of the assigned Magistrate Form: Notice issued by the court Fee: ₹50-200 (process fee for serving notice)

Tip: If the respondent is evading service of notice, inform the court and request alternative modes of service — including service by publication in a newspaper or through email/WhatsApp (courts have started accepting digital modes of service).

Step 6: Exchange evidence — Both parties present their case

After the respondent files their response and counter-affidavit of disclosure, both parties present evidence supporting their claims. You may be cross-examined by the respondent's advocate on your affidavit and income claims. Similarly, you can cross-examine the respondent on their alleged income, assets, and liabilities.

Where: Before the Magistrate court Form: Evidence affidavits, documents, witness examination Fee: No additional court fee

Tip: The burden of proving that the respondent has "sufficient means" rests on the applicant for the initial claim, but the burden shifts to the respondent to prove inability to pay. If the respondent claims insufficient income, demand bank statements, ITR filings, and property records to expose the true financial position.

Step 7: Attend hearings and final arguments — Court determines quantum

The court hears final arguments from both sides and determines the appropriate quantum of maintenance considering: the respondent's income and earning capacity, the applicant's needs and standard of living during the marriage, the number of dependants, the applicant's own income (if any), and any other relevant circumstances.

Where: Before the Magistrate court Form: Written submissions and oral arguments Fee: No additional court fee

Tip: The maximum maintenance amount under Section 125 CrPC is not capped by statute — the Magistrate determines the amount based on the specific facts. However, as a general guideline, courts typically award 20-25% of the husband's net income for the wife alone, with additional amounts for each child.

Step 8: Obtain the maintenance order — Enforce if necessary

Once the court passes the maintenance order, the respondent must comply and make monthly payments as directed. If the respondent fails to pay, the applicant can file an execution petition. Under Section 125(3) CrPC, the Magistrate can issue a warrant for recovery and even order imprisonment for up to one month for each month of default (maximum 12 months in a single application).

Where: Before the same Magistrate court Form: Execution petition for recovery of maintenance Fee: ₹50-200

Tip: Maintain a record of all maintenance payments received (or non-receipt). If the respondent defaults, file the execution petition promptly. Courts take non-compliance with maintenance orders seriously — imprisonment for default is a real and frequently exercised power.

Fees and costs

Note: Women applicants are entitled to free legal aid under the Legal Services Authorities Act, 1987. Contact your District Legal Services Authority (DLSA) at https://nalsa.gov.in if you cannot afford an advocate.

How long does it take

Can you do this online?

Yes, maintenance petitions can be e-filed through the eCourts e-Filing portal in courts that have adopted the system.

1. Register on the e-Filing portal at https://filing.ecourts.gov.in using your Aadhaar number and mobile number
2. Select the state, district, and court establishment (Magistrate Court or Family Court)
3. Choose the case type as "Maintenance Petition under Section 125 CrPC" or the equivalent under BNSS
4. Upload the petition, Affidavit of Disclosure, and all supporting documents in PDF format
5. Pay the court filing fee online through the integrated payment gateway
6. Submit and note the filing reference number for tracking

Limitations: While filing can be done online, you must appear in person for hearings unless the court specifically permits video conferencing. Track your case status at https://services.ecourts.gov.in.

Free legal aid: If you qualify for legal aid, you can approach the District Legal Services Authority (DLSA) which will appoint an advocate and file the petition on your behalf at no cost. Visit https://nalsa.gov.in for DLSA contact details in your district.

What if things go wrong

Problem: Respondent is hiding income and assets

Solution: Request the court to direct the respondent to produce bank statements for the last 3 years, ITR filings, property tax receipts, and vehicle registration details. If the respondent fails to produce these, the court can draw an adverse inference under Rajnesh v. Neha guidelines and determine maintenance based on the lifestyle evidence and circumstantial material available. You can also subpoena the respondent's employer or bank for records.

Problem: Respondent is not appearing in court despite notice

Solution: If the respondent is evading service, apply for service through alternative means (publication in newspaper, email, WhatsApp). If the respondent has been served but does not appear, the court can proceed ex parte — meaning the court will hear only your side and pass an order based on the evidence you present. An ex parte order is enforceable like any other court order.

Problem: Maintenance amount awarded is too low

Solution: File a revision petition before the Sessions Court under Section 397 CrPC (or Section 442 BNSS) challenging the quantum of maintenance. Alternatively, you can file a separate petition under other applicable statutes — Section 18 of the Hindu Adoptions and Maintenance Act, or under the Protection of Women from Domestic Violence Act, 2005 — which provide additional maintenance remedies. These are not barred by the Section 125 order.

Problem: Respondent has stopped paying the ordered maintenance

Solution: File an execution petition before the same Magistrate court. Under Section 125(3), the court can issue a warrant for levy of the maintenance amount and can also sentence the defaulter to imprisonment for up to one month for each month of default. The total imprisonment in one application cannot exceed 12 months. This is an extremely effective enforcement mechanism.

Problem: Respondent claims he has lost his job or income has reduced

Solution: The respondent must file a formal application for modification of the maintenance order, supported by evidence of changed circumstances. Until the court modifies the order, the original amount continues to be payable. The court will examine whether the reduction in income is genuine or manufactured. A respondent who voluntarily leaves employment to avoid maintenance liability can be held in contempt.

Frequently asked questions

Can a working wife claim maintenance under Section 125?

Yes, a working wife can claim maintenance if her income is insufficient to maintain herself at the standard of living she was accustomed to during the marriage. The court considers the disparity between the husband's and wife's incomes, not merely whether the wife has any income. If the husband earns significantly more, the wife is entitled to maintenance to bridge the gap and maintain a comparable standard of living.

Is maintenance under Section 125 available to Muslim women?

Yes. Section 125 CrPC is a secular provision available to women of all religions. The Supreme Court in Mohd. Ahmed Khan v. Shah Bano Begum (1985) confirmed this. Additionally, Muslim divorced women can also claim maintenance under the Muslim Women (Protection of Rights on Marriage) Act, 2019, which replaces the earlier 1986 Act and provides for maintenance even after the iddat period.

Can maintenance be claimed retrospectively from the date of separation?

Maintenance is typically awarded from the date of the application, not from the date of separation. The Supreme Court in Rajnesh v. Neha held that maintenance should ordinarily be granted from the date of filing the application to prevent hardship caused by court delays. Therefore, it is critical to file the maintenance petition as early as possible — every month of delay is a month of maintenance lost.

What is the difference between maintenance under Section 125 CrPC and under the Hindu Adoptions and Maintenance Act?

Section 125 CrPC is a criminal provision available to women of all religions, with the remedy of imprisonment for non-compliance. The Hindu Adoptions and Maintenance Act, 1956 applies only to Hindus, Buddhists, Jains, and Sikhs. A Hindu wife can file under both simultaneously. The advantage of Section 125 is its summary procedure and strong enforcement mechanism (imprisonment). The advantage of HAMA Section 18 is that it allows for maintenance during the subsistence of the marriage itself, without requiring proof of neglect or refusal.

Can parents claim maintenance from their children?

Yes, under Section 125(1)(d) CrPC, a father or mother who is unable to maintain themselves can claim maintenance from their son or daughter who has sufficient means but neglects or refuses to maintain them. This provision was added by the 2001 amendment. Additionally, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides a separate statutory mechanism with Maintenance Tribunals in every district.

How much maintenance can the court award?

There is no statutory cap on the maintenance amount under Section 125 CrPC. The Magistrate determines the quantum based on the respondent's income, the applicant's needs, the number of dependants, and the standard of living during the marriage. As a broad guideline, courts typically award 20-25% of the respondent's net income for the wife and 5-10% for each child, though this varies significantly based on individual circumstances.

This guide is part of Veritect's Legal Procedure Guides, a step-by-step reference for common Indian legal processes. Last updated: 2026-03-27. This content is for informational purposes and does not constitute legal advice.