Section 125 CrPC (now Section 144 under BNSS 2023) provides a summary statutory remedy for maintenance to dependent wives, children, and parents. It is distinct from substantive personal law claims and serves to prevent distress and destitution.
The Supreme Court in the landmark judgment of Rajnesh v. Neha (2020) formulated comprehensive directives mandating both parties to file standardized Affidavits of Assets and Liabilities. This prevents intentional concealment of income, assets, and business earnings.
Maintenance encompasses both interim maintenance during the pendency of litigation and final permanent maintenance upon conclusion of the proceedings. Courts examine the social and financial status of the parties, standard of living enjoyed during marriage, and bona fide expenses.
For matters pending in Sambhal and Chandausi courts, structured documentation of educational fees, medical expenses, and reasonable living costs is essential for fair adjudication of interim and final maintenance.
Enforcement mechanisms under Section 125(3) CrPC / BNSS allow recovery through execution warrants, attachment of salaries or properties, and civil detention in cases of wilful non-compliance.