Maintenance Rights of Wife Under Section 125 CrPC/BNSS
In India, matrimonial disputes often involve financial insecurity for women. That’s why Maintenance Rights of Wife Under Section 125 CrPC/BNSS remains a crucial legal remedy. It ensures maintenance for a wife who cannot sustain herself after separation or desertion. With changing family dynamics and rising legal awareness, this topic continues to trend in legal searches.
What Is Section 125 CrPC?
Section 125 of the Criminal Procedure Code (CrPC) provides a speedy legal mechanism to claim maintenance rights for Wife Under Section 125 CrPC/BNSS, children, and parents. It applies to wives who are neglected or refused support by their husbands without sufficient cause. The Bharatiya Nagarik Suraksha Sanhita (BNSS) now replaces the CrPC, continuing the same provisions with simplified language and digital support.
Who Can Claim Maintenance?
A wife (legally married) can claim maintenance if:
- The husband refuses or neglects to maintain her.
- She has no sufficient means of income.
- She is not living in adultery.
- She has not remarried after separation.
Even divorced women or those living separately due to cruelty or desertion can apply under Section 125 CrPC.
Maintenance Under BNSS: What’s New?
The BNSS (2023) preserves the wife’s right to maintenance while promoting faster justice. It encourages digital documentation, quicker hearings, and stricter timelines. It simplifies court procedures, which helps women get timely relief.
Process to Claim Maintenance
Court Inquiry:
The court examines the income, expenses, and conduct of both parties.
Filing a Petition:
The wife must file a maintenance petition before a magistrate in the area where she resides or where the husband resides.
Submission of Proof:
She must show evidence of neglect and her inability to maintain herself.
Legal Rights of Wife Under Section 125 CrPC
- Right to financial support.
- Right to reside in a safe environment.
- Right to file for maintenance even after divorce.
- Right to interim maintenance during proceedings.
Key Points for Husbands
- Courts expect transparency about income and assets.
- Avoiding maintenance orders may lead to imprisonment.
- Filing false claims can backfire for either party.
Conclusion
Section 125 CrPC and BNSS uphold a wife’s right to live with dignity. If a husband refuses support without valid reason, the law steps in. These provisions ensure quick relief, especially for women facing financial hardship. If you face such issues, consult a legal expert to act fast.
