Can Husband Claim Maintenance From Wife Under Section 125 CrPC?

When a marriage enters a phase of legal separation or divorce, the financial implications are often the first major hurdle. In India, the law has long provided a safety net to ensure that vulnerable family members are not left in a state of penury. However, this often leads to a common point of confusion: if maintenance is intended to support a spouse, then can the husband claim maintenance from the wife under 125 crpc?

The confusion stems from the modern reality of 2026, where gender roles are fluid, and many wives are the primary breadwinners. While it may seem "fair" for a dependent husband to seek support, the legal answer under this specific section remains rooted in a protective, gender-specific framework.

It is also important to note that the legal landscape in India underwent a massive shift recently. As of 2026, for all new matters filed after July 1, 2024, the old Code of Criminal Procedure (CrPC) has been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS). While many still search for "125 CrPC" out of habit, the law is now officially mirrored in Section 144 of the BNSS.

In this blog, we will break down exactly why Section 125 (now Section 144 BNSS) does not apply to husbands, how the new laws function, and the specific legal paths a husband can actually take if he requires maintenance.

Can Husband Claim Maintenance From Wife?

The direct answer is no. Under Section 125 of the CrPC, a husband is not entitled to claim maintenance from his wife. This provision was specifically designed as a "summary remedy" to protect those traditionally viewed as financially dependent in the Indian socio-economic context.

The law is very clear about the categories of people who can apply for relief:

• The Wife: If she is unable to maintain herself.
• Children: Minor children (legitimate or illegitimate) or adult children with physical or mental disabilities.
• Parents: A father or mother who cannot support themselves.

The 2026 Context: Section 144 BNSS

Even with the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaces the CrPC, the core eligibility remains the same. Section 144 of the BNSS (the new equivalent of Section 125) still defines the claimant as the wife, child, or parent. The husband is strictly viewed as the "respondent," the person with the obligation to provide rather than the one who can receive.

Where Can a Husband Claim Maintenance?

While Section 125 CrPC / Section 144 BNSS is off-limits for men, Indian law is not entirely one-sided. If a husband is genuinely incapable of earning (due to physical or mental disability) and his wife has sufficient means, he can seek support under gender-neutral personal laws:

• Section 24 of the Hindu Marriage Act (HMA): This allows for "maintenance pendente lite" (interim support during the case) for either spouse.
• Section 25 of the Hindu Marriage Act (HMA): This allows for permanent alimony and maintenance for either the husband or the wife.

In short, while you cannot file under the "criminal" summary procedure of Section 125, a husband does have a civil remedy under the HMA if he can prove his dependency.

Recent 2026 Judicial Perspectives

Courts in 2026 continue to emphasize that maintenance is about preventing "vagrancy and destitution." In a landmark ruling in January 2026, the Allahabad High Court reinforced that a husband’s "pious obligation" to maintain his wife is contingent upon his ability to earn.

Interestingly, the court denied maintenance to a wife because her own family's criminal actions (an assault on the husband) had rendered the husband physically incapable of working. This highlights that while the law protects the wife, it will not allow the provision to be misused as an "instrument of injustice" against an incapacitated husband.

What Section 125 CrPC Actually Covers (and Why Husbands Don’t Qualify)

Section 125 of the CrPC, now transitioning to Section 144 of the BNSS in 2026, is a unique provision. Unlike many other laws that focus on settling property or dissolving contracts, this section is a social welfare measure. Its primary goal is to prevent "vagrancy and destitution."

Because it is a summary remedy intended to provide quick financial relief, the law is very specific about who can walk into a Magistrate’s court and ask for money.

Who Can Claim Maintenance Under Section 125 CrPC?

The law provides an exhaustive list of eligible claimants. If you do not fall into one of these categories, the Magistrate does not have the jurisdiction to grant you relief under this specific section:

• The Wife: She must be legally wedded and unable to maintain herself. Interestingly, under current 2026 interpretations, "wife" includes a divorced woman who has not remarried.
• Minor Children: Both legitimate and illegitimate children who cannot support themselves are entitled to claim from their father.
• Disabled Major Children: Adult children who have reached majority but suffer from a physical or mental abnormality or injury that makes them unable to maintain themselves.
• Parents: A father or mother who is unable to support themselves can claim maintenance from their children (both sons and daughters).

The Exact Reason a Husband Cannot File Under 125

The reason a husband can claim maintenance from a wife under Section 125 of the CRPC is that "no" comes down to the literal wording of the statute.

The provision is framed as a legal and moral duty of a man to maintain "his wife," not his "spouse." In legal terms, the roles are fixed: the man is the "provider," and the woman is the "claimant."

• Gender-Specific Language: The section uses phrases like "his wife," "his child," and "his father or mother." It does not use gender-neutral terms like "partner" or "spouse" for the person being maintained.
• Legislative Intent: The Supreme Court has repeatedly clarified that this law was enacted specifically to protect women and children from being left abandoned and penniless. It was never intended to be a gender-neutral alimony provision.

Practical Takeaway

If you are a husband seeking financial support, filing under Section 125 CrPC (or Section 144 BNSS) is the wrong legal route. Even if your wife earns ten times more than you, or if you are currently unemployed, the Magistrate will likely dismiss the application at the outset because you lack the "legal standing" to sue under this section.

However, this does not mean you are without options. If you are a "deserving man," meaning you are physically or mentally incapable of earning, you should look toward the Hindu Marriage Act (HMA). Sections 24 and 25 of the HMA are gender-neutral and allow a husband to claim maintenance if he can prove he has no independent income for his support.

Important Update: CrPC Section 125 and BNSS Section 144 (2024–2026)

The legal framework for maintenance in India has undergone its most significant transformation in decades. If you are researching this topic in 2026, you must be aware that the procedural "rulebook" has changed. While the principles of support remain familiar, the labels and specific sections have been updated to reflect the new criminal laws.

What Changed After 1 July 2024?

On July 1, 2024, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, officially came into force, replacing the nearly 50-year-old Code of Criminal Procedure (CrPC).

• The Repeal: The CrPC was repealed to make way for a more modern procedural system. This means for all new maintenance cases filed after the implementation date, the CrPC is no longer the governing statute.
• The New Reference: What was previously known as Section 125 CrPC is now found under Section 144 of the BNSS.
• Current Usage: In 2026, courts and lawyers now commonly refer to these proceedings as "Section 144 BNSS" filings. If you file a petition today, your lawyer will draft it under the BNSS, though the judicial logic used to decide the case remains largely consistent with the old Section 125.

Does BNSS Make Maintenance Gender-Neutral?

With the introduction of a new legal code, many hoped for a move toward gender neutrality in summary maintenance proceedings. However, the legislative reality is different.

No, Section 144 of the BNSS does not make maintenance gender-neutral. The new law has consciously maintained the same dependent categories as the old CrPC. The right to claim maintenance under this summary criminal procedure is still strictly limited to:

• The wife (who is unable to maintain herself).
• The children (minor children or major children with disabilities).
• The parents (father or mother) are unable to support themselves.

The husband remains the "obligated party." Despite the modernization of India’s criminal procedure, Section 144 BNSS continues to view the husband as the person responsible for providing maintenance, not the person entitled to receive it.

The primary takeaway for 2026 remains the same: if a husband is looking for financial support from his wife, Section 144 of the BNSS is not the applicable law. He must still look toward civil matrimonial laws, such as the Hindu Marriage Act, which are specifically designed to handle gender-neutral alimony and support.

So, how can a husband claim maintenance from his wife in India?

While Section 125 CrPC (Section 144 BNSS) is a closed door for men, Indian law does recognize that financial dependency is not always one-sided. If a husband is genuinely unable to support himself while his wife has the means to do so, he can turn to civil matrimonial laws.

Route 1: Hindu Marriage Act, 1955 (The Most Common Path)

If the marriage was solemnized under Hindu law, the Hindu Marriage Act (HMA) provides two powerful, gender-neutral provisions for maintenance.

• Section 24 HMA (Maintenance Pendente Lite): This is for temporary relief while the legal case is still ongoing. If the husband has no independent income to support himself or to pay for the court case, he can ask the court to order the wife to pay for his monthly expenses and litigation costs.
• Section 25 HMA (Permanent Alimony): This is for long-term support. At the time of passing a decree (like divorce or judicial separation) or even any time after that, the court can order the wife to pay a gross sum or a monthly amount for the husband's lifetime maintenance.

Who typically succeeds as a husband-claimant?

Courts do not grant maintenance to husbands as a matter of routine. To succeed in 2026, a husband must usually prove:

• Genuine Inability to Earn: This is not just about being unemployed; it’s about being unable to be employed. Common successful cases involve husbands with severe medical conditions, physical disabilities, or mental health issues that prevent them from working.
• Lack of Independent Assets: The court will look at whether the husband has any property, savings, or investments that could sustain him.
• Proving the Wife's Means: The husband must provide evidence that the wife has a stable income and a surplus that can be shared without causing her undue hardship.

Important Note: A husband who is "voluntarily unemployed"—meaning he is capable of working but chooses to remain idle or hides his income—will almost certainly have his claim rejected. The law is a shield for the needy, not a reward for the idle.

Route 2: If your marriage law is different

The right to claim maintenance often depends on how and where your marriage was registered:

• Special Marriage Act, 1954: If you had a "court marriage" or an inter-religious marriage under this Act, Sections 36 and 37 function similarly to the HMA. They are gender-neutral, allowing a husband to claim both interim and permanent maintenance.
• Parsi Marriage and Divorce Act, 1936: This Act also contains gender-neutral provisions allowing a husband to seek support if he is infirm or unable to maintain himself.
• Christian and Muslim Laws: These personal laws are generally not gender-neutral regarding maintenance for the husband. In such cases, the husband’s legal options are significantly more limited.

Every case is unique, and "edge cases" such as where a husband has sacrificed his career to be a stay-at-home parent are increasingly being debated in 2026 courts. If you find yourself in this position, seeking professional legal advice is essential to determine which Act applies to your specific situation. Need help choosing the right maintenance remedy and filing strategy? Talk to a family-law expert at Rest The Case for a quick eligibility check and next-step plan.

Conclusion

In 2026, the answer remains a firm no: a husband cannot claim maintenance from his wife under 125 CrPC (now Section 144 BNSS). This specific law is a social welfare provision designed exclusively to protect wives, children, and parents from destitution. Because it is gender-specific, a husband has no legal standing to file under this section, even if his wife earns significantly more or he is unemployed. However, husbands do have a legal alternative. Under gender-neutral civil laws like Sections 24 and 25 of the Hindu Marriage Act (HMA), a husband can claim maintenance if he can prove he is physically or mentally incapable of earning and has no independent income. While the "criminal" route of 125 CrPC/144 BNSS is closed to men, the HMA provides a path for those in genuine financial need.

Disclaimer: This blog is for general information and may not apply to your exact facts or personal reasons. For case-specific advice, consult our family lawyer with your documents.