Unraveling Maintenance Under Section 125 CrPC: Decoding the Amount

In a recent judgment (NC: 2023:KHC:46763), Karnataka High Court has revisited the amount of maintenance under section 125 CrPC issued by the Family Court, Bengaluru. The case involves the Wife, seeking maintenance for herself and her minor son from her estranged Husband.

The dispute centers on the amount awarded by the Family Court—Rs. 1,000 per month to the Wife and Rs. 500 per month to her son. The High Court, in its order, acknowledged the need for a fair assessment considering the needs of individuals residing in a metropolitan city like Bengaluru.

Legal Background

The petitioners argued that the Trial Court failed to consider vital aspects, such as educational expenses for the minor son. The respondent-husband, asserting divorce and lack of financial means.

High Court's Intervention

Despite Husband’s absence in the proceedings, the High Court addressed the inadequacies in the Trial Court’s decision. Noting the absence of substantial evidence on both sides regarding income, the High Court adjusted the amount of maintenance under section 125 CrPC.

Amount of Maintenance under section 125 CrPC Enhanced

The revised order mandates the Husband to pay Rs. 3,000 per month to the Wife, retroactively from the date of filing until her remarriage in January 2014. Additionally, the husband is directed to pay Rs. 2,000 per month to the now-major son from the filing date until he reached the age of majority.

amount of maintenance under section 125 crpc


This judgment reiterates the courts’ responsibility to meticulously assess financial standings in maintenance cases. It highlights the importance of presenting comprehensive evidence to support claims. As litigants await more nuanced judgments, the legal landscape around maintenance orders could see further refinements.

Download Judgment

Click above to download this Judgment in the case titled RPFC No. 172 OF 2015. It can serve as a valuable resource for legal reference.

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