Maintenance Case

What is Maintenance?

Maintenance refers to the financial support legally granted to a person who is unable to sustain themselves. This support is typically provided by a legally responsible person such as a spouse, parent, or child, as directed by the court.

Under Indian law:

• A wife can seek maintenance from her husband,
• Children from their father,
• Aged or dependent parents from their children, and
• In special cases, even a disabled husband may claim maintenance from his wife.

Add Maintenance (Ad-Interim Relief)

To understand this better, consider an example:
A wife files a maintenance case against her husband and successfully demonstrates in court that she is not financially capable of supporting herself. In such a scenario, the court has the authority to grant ad-interim maintenance even during the initial hearings—often without a detailed argument from either side.

This means that before the final judgment is passed, the court may order the husband to start paying a temporary maintenance amount to the wife. This power lies with the Judge and can be exercised by Women’s Cells or Family Courts based on urgency and prima facie need.

Interim Maintenance

If ad-interim maintenance is not granted in the initial hearings, the complainant may file a formal application for interim maintenance. The applicant must demonstrate financial hardship and inability to meet basic living expenses.

The court then considers submissions from both parties and, if satisfied, grants interim maintenance for the duration of the proceedings. The respondent is legally bound to pay this amount until the final order is passed.

The respondent may challenge the interim maintenance order by filing a revision petition in a higher court.

Final Maintenance (Permanent Maintenance)

This refers to the final determination of the maintenance amount after the complete hearing of the case. In most cases, a monthly maintenance amount is fixed by the court to be paid by the husband (or obligated party) to the wife or dependents. This order is enforceable and remains in effect unless modified by a subsequent court order.

Section 125 CrPC – Key Provisions

Section 125 of the Code of Criminal Procedure (CrPC) provides a secular and fast-track remedy for dependent individuals to claim maintenance

Who Can Claim Maintenance under Section 125 CrPC?

1. Wife – If she is unable to maintain herself, even after separation.
2. Children – Both legitimate and illegitimate, below 18 years of age.
3. Minor married daughter – Until her husband can support her.
4. Unmarried daughter – Even if she is above 18, until she gets married.
5. Child (Physically/Mentally challenged) – Regardless of age.
6. Parents – Who are old, infirm, and without sufficient means of livelihood.
7. Husband (in limited cases) – If he is handicapped or incapable of earning.

When Maintenance May Not Be Granted

• A second wife of a Hindu man is not entitled to maintenance if the marriage is void due to the first wife being alive.
• A wife who is living in adultery is not eligible for maintenance.
• If the wife has deserted the husband without sufficient cause, she loses her right to maintenance.
• A wife who refuses to live with her husband without justification even after a maintenance order is passed, may lose entitlement.
• Adult married children, unless they are disabled, cannot claim maintenance from their parents.

How Lawtech Can Help

At Lawtech, we offer end-to-end legal support in all types of maintenance matters—whether you are claiming maintenance or defending against a false or excessive claim.

For Claimants:

• Legal advice on the right forum and applicable law
• Drafting maintenance applications under CrPC, HMA, SMA, or DV Act
• Representation in Family Courts, Magistrate’s Courts, or High Courts
• Help with execution and recovery of unpaid maintenance
• Filing interim maintenance applications and support for urgent relief

For Respondents:

• Strategic defence against unjustified claims
• Collection of evidence of earning capacity of the applicant
• Filing of revisions or appeals against excessive or unfair orders
• Support in reducing/modifying maintenance orders if circumstances change