Supreme Court: Maintenance Under Section 125 CrPC Is Civil in Nature

The Supreme Court has clarified that maintenance proceedings under Section 125 of the Code of Criminal Procedure (CrPC) are civil in nature, even if non-compliance may result in penal consequences.

The bench emphasized that the placement of such provisions in criminal law is for expediency, not to alter their civil essence. 

The court referred to the 41st Report of the Law Commission of India, which justified placing maintenance provisions for wives and children as a civil matter within the CrPC framework. 

The Court also ruled that a wife’s refusal to comply with a restitution of conjugal rights decree does not disqualify her from claiming maintenance under Section 125 CrPC, upholding its summary and remedial purpose for vulnerable individuals.