Section 125 of the Code of Criminal Procedure (CrPC) provides a speedy and effective legal remedy for wives, children, and parents who are unable to maintain themselves financially. At Ghamdaan Law Firm, our team of experienced maintenance case lawyers in Delhi specialises in representing clients seeking or defending against maintenance claims under Section 125 CrPC.

Understanding Section 125 CrPC

Section 125 CrPC is a social justice provision aimed at preventing destitution and vagrancy by ensuring that a person with sufficient means provides financial support to their dependent wife, children, or parents.
The law applies irrespective of religion and offers a quick, cost-effective remedy through the criminal court system.

Who Can Claim Maintenance under Section 125 CrPC?

1️⃣ Wife – A legally wedded wife who is unable to maintain herself.
2️⃣Children – Minor children (legitimate or illegitimate) and major children with physical/mental disabilities.
3️⃣ Parents – Father or mother unable to maintain themselves.

Our Legal Services for Maintenance Cases

As a leading maintenance lawyer in Delhi, Ghamdaan Law Firm offers:

• Filing maintenance applications under Section 125 CrPC.
• Defending against false or exaggerated claims.
• Filing for enhancement or reduction of maintenance amount.
• Execution of maintenance orders if the other party fails to pay.
• Advisory on interim maintenance during ongoing proceedings.
• Representation in appeals before higher courts.

Frequently Asked Questions

Q1: Can a working wife claim maintenance?
A wife earning insufficient income to maintain a standard of living similar to her husband’s may still claim maintenance.
Q2: How long does it take to get a maintenance order?
Courts may grant interim maintenance within a few months, but final orders depend on case complexity.
Q3: Can maintenance orders be challenged?
Yes, either party may appeal to a higher court for modification or cancellation of maintenance orders.
Q4: Is Section 125 CrPC applicable to all religions?
Yes. Section 125 CrPC is a secular provision and applies to all citizens of India, regardless of religion or personal laws.
Q5: What factors does the court consider while deciding maintenance? The court considers the income, earning capacity, financial obligations, standard of living, and number of dependents of the person from whom maintenance is claimed.