Section 125 of the Code of Criminal Procedure (CrPC): Advocates & Lawyers
Section 125 of the Code of Criminal Procedure, 1973 (CrPC) is a crucial legal provision in India that provides for the maintenance of wives, children, and parents to prevent destitution and ensure basic sustenance for dependents who are unable to maintain themselves.
Who Can Claim Maintenance?
Wife: A wife who is unable to maintain herself can claim maintenance from her husband. This includes a woman who has been divorced or has obtained a divorce and has not remarried.
Children: Both legitimate and illegitimate children, whether minors or adults unable to maintain themselves due to physical or mental incapacity, are eligible to claim maintenance from their parents.
Parents: Both father and mother (including adoptive parents) can claim maintenance from their children if they are unable to maintain themselves.
Key Conditions for Granting Maintenance
Neglect or Refusal: The person from whom maintenance is sought must have neglected or refused to provide financial support.
Inability to Maintain: The claimant must be unable to maintain themselves.
Sufficient Means: The respondent (person from whom maintenance is claimed) must have sufficient means to provide support.
Quantum and Duration of Maintenance
The court determines the amount of maintenance considering the income, financial capacity, and needs of the claimant and the respondent.
Maintenance can be awarded as a monthly allowance, either as a temporary or permanent arrangement.
Exceptions: When Maintenance Cannot Be Claimed
A wife is not entitled to maintenance if:
She is living in adultery.
She refuses to live with her husband without sufficient reason.
They are living separately by mutual consent.
Enforcement and Legal Process
If the person ordered to pay maintenance fails to comply, the court can issue a warrant for recovery and may impose penalties.
The process is summary in nature and applies to all religions and communities, irrespective of personal laws.
Appeals and Revisions
There is no direct appeal against an order under Section 125, but revision proceedings can be initiated in higher courts under certain circumstances.
Section 125 CrPC is a secular and summary legal remedy designed to provide immediate financial relief to wives, children, and parents who are unable to maintain themselves, ensuring their right to basic sustenance regardless of personal laws or religious backgrounds.
