Proceedings for maintenance of wives, children and parents under section-125 crpc

  INTRODUCTION 

The term ‘Maintenance’ is not defined under Code of Criminal procedure,1973 but according to chapter IX of Code of criminal procedure,1973 it talks about the provision of maintenance of Wives, Children and Parents, 

In legal sense, ‘maintenance’ means alimony which someone has to pay to his former wife or husband and specially when they have children together. 

The person is under obligation to maintain his/her wife or husband and children and parents as well when the former partner isn’t able to maintain themselves properly or in need of maintenance. 

Basically the proceedings that a person has to maintain such person i.e. the person who is under obligation to maintain and if such person fails to maintain the other person then punishment is not prescribed under this code but the person is under obligation to maintain such person. 

The main purpose of maintenance is to prevent the person who is in the need for maintenance and to prevent homeliness of such person and those who are really in  need to provide speedy disposal of such matter by the way of section-125 crpc wherein according to this section it is given that the name of the parties who are entitled for the maintenance to get maintenance and order from the first class magistrate. 

 

 

WHO CAN CLAIM MAINTENANCE? 

According to section-125(1) of crpc which deals which who can claim and get maintenance: 1. Wife can claim maintenance from his husband 2. Legitimate or illegitimate minor child from his father3. Legitimate or illegitimate  child who is physically and mentally abnormal from his father.4. Father or mother from his son or daughter. 

 

 

WIFE: 

A wife is entitled to claim and get maintenance from her husband in the following situations which are mentioned below: 1. First wherein she is divorced by her husband 2. Secondly she has obtained divorce from her husband3. Last she is not remarried and she is not in a condition to maintain herself. 

 

For protection of women and for protection of her life and livelihood and personal liberty special act has been passed for protection of Muslim women i.e. Muslim Women Protection of Rights on Marriage Act. 

 

Also, it has been held in Chanmuniya V. Virendra Singh, if the couple has been living together as husband and wife since a very long period of time and even if the marriage is not working out she is entitled for maintenance in that case as well i.e. strict sense of marriage to be followed is not a ground of getting maintenance. 

 

But there are certain cases wherein even if there is this rule that wife is entitled for maintenance there are certain exceptions wherein, she is not entitled for maintenance and those are: 1. If the wife is living in adultery which is considered to be as a ground for divorce then she is not entitled for maintenance. 2. If the wife refuses to live with the husband in any scenario without having any valid reason  for it then she is not entitled to have maintenance. 3. Last if the married couple is living separately by the way of mutual consent then also she is not entitled to have maintenance. 

LEGITIMATE OR ILLEGITIMATE MINOR SON OR DAUGHTER: 

According to the provision of section-125(1) of Crpc, legitimate or illegitimate minor son and daughter is also entitled to get maintenance from their father. 

According to section-3 of Indian Majority act it has been mentioned that ‘MINOR’ is a person who has not attained the age of 18 years. 

According to this section even the minor daughter is also entitled to have maintenance from her father and if the minor daughter is married and if the husband of the daughter is not maintaining his wife then father has to maintain her daughter even after marriage. 

LEGITIMATE OR ILLEGITIMATE CHILD WHO IS ABNORMAL OR MENTAL UNSTABLE AND HAS ATTAINED MAJORITY: 

According to the provision of section-125(1) of Crpc, legitimate and illegitimate child who is major but he/she is mentally unstable is also entitled to have maintenance from their father on the sole ground of abnormality. 

FATHER OR MOTHER: 

According to the provisions of section-125 (1) of Crpc, it says that Father and Mother is also entitled for maintenance. It says that natural father and mother can also claim maintenance and also the adoptive mother can claim maintenance. 

PROCEDURE FOR MAINTENANCE:

Section-126 of Crpc, deals with the provision of procedure for maintenance which states that proceedings under section-125 may be taken in the following district: 1. Where he is2. Where he is or his wife resides3. Where he last resided with his wife as the case maybe with the mother of the illegitimate child. 

 

 

 

CONCLUSION

 

Section-125 (1) Crpc, helps in protection of wife, children and parents and also it acts as means of livelihood and for the protection of rights of such person. 

This chapter basically deals with all the provision who is entitled for maintenance and who can claim maintenance, grounds etc. 

Also there is no punishment prescribed under this code for failure of payment of maintenance and if the other person fails to provide maintenance then court directs him to do so in their manner. 

 

Aishwarya Says:

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