Section 125 of the CrPC (and its updated equivalent, Section 144 of the BNSS) is a secular legal provision that empowers a Magistrate to direct
individuals with sufficient means to provide monthly maintenance to dependent wives, children, and parents who are unable to maintain themselves.
The updated legal framework outlines several key details, procedures, and rights:Key Differences & EquivalentsOld Law: Section 125 of the Code
of Criminal Procedure, 1973 (CrPC).New Law: Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Nature: Both are secular,
gender-neutral, and preventive measures designed to prevent destitution and vagrancy.Who Can Claim Maintenance?Under both laws, the following
four categories of dependents can claim relief:Wife: Includes a legally divorced woman who has not remarried.Minor Children: Legitimate or
illegitimate children who are unable to maintain themselves.Major Children: Children who have attained majority but cannot maintain
themselves due to physical or mental abnormality/injury.Parents: Father or mother who are unable to support themselves financially.
Core Procedural DetailsFiling Authority: The application is filed before a Judicial Magistrate of the First Class.
Interim Maintenance: The BNSS specifically introduces provisions to mandate interim maintenance and litigation expenses,
ensuring the dependent receives financial relief while the case is pending.Case Disposal Timeline: The BNSS establishes a
timeline stating that applications for interim maintenance should, as far as possible, be disposed of within 60 days from the
service of notice to the respondent.Enforcement: If a person having sufficient means willfully neglects or refuses to pay the ordered
maintenance, the Magistrate can issue warrants for levying the amount and potentially sentence the defaulter to imprisonment.Important
PrecedentsCourts have widely interpreted these provisions to include divorced Muslim women, ensuring they remain protected and entitled
to financial support until they remarry or receive a settlement under personal laws.You can review the specific legal text and procedural
guidelines for Section 144 directly on Indian Kanoon.If you are currently evaluating a potential maintenance case, please let me know:Who
is the maintenance intended for (wife, child, or parent)?Are there any documents or proof of income you need help organizing?I can help you
prepare the right steps for your specific legal situation.