CrPC Section 125 - Order For Maintenance Of Wives, Children And Parents

The Code of Criminal Procedure, Section 125, addresses the maintenance of spouses, parents, and children. According to this provision, a person with adequate resources is legally required to support his wife, kids, and parents unable to support themselves. The section authorizes the Judiciary to determine the amount of maintenance depending on the requirements of the appellant and the monetary capability of the individual obligated to pay. Overall, Section 125 is an important provision that provides legal recourse to women, kids, and parents who are not financially sound and are denied support by the concerned person.

Significance Of Section 125 Of CrPC

The Section recognises the rights of women, children, or aged parents by providing them with financial assistance, even if no formal agreement or divorce is involved. The provision promotes gender equality by acting as a safety net for women with no way to earn their livelihood. It talks about one’s responsibility to look after their elderly parents when required. Similarly, it ensures no young children should succumb to the complete pressure of being persuaded into a life of poverty, crime, etc. The provision intends to prevent vagrancy due to the conduction of crime and starvation by those who have no access to financial wellness. In short, this Section highlights the Indian legal system’s commitment to upholding the dignity of such citizens who are not financially sound enough to lead a respectable life.

Key Provisions

This Section provides the names of parties who are liable to get maintenance, necessary ingredients to claim as well and get maintenance based on the order of a first-class magistrate. As per this Section, the following individuals have the right to claim and get maintenance:

• Wife from their husband.
• Legitimate or illegitimate minor child whether married or not, from their father.
• Legitimate or illegitimate child (married daughters excluded) with physical or mental deformity, from their father.
• Father or mother from their son or daughter.

Maintainance For Women

Under Section 125(1)(a) of the CrPC, if a person with sufficient means neglects or refuses to maintain their wife, who is unable to support herself, a first-class Magistrate can order that person to pay a monthly allowance for her maintenance after reviewing the evidence of such neglect or refusal.

If a woman is divorced or has obtained a divorce from her husband, and she has not remarried and cannot support herself, she is entitled to claim maintenance from her former husband. However, if the wife is living in adultery, refuses to live with her husband without a valid reason, or is living separately from her husband by mutual consent, she cannot claim or receive maintenance from him.

Maintainance For Children

Section 125(1)(b) of the CrPC deals with cases where a person with adequate means neglects or refuses to maintain their legitimate or illegitimate minor child, whether married or unmarried, who is unable to support themselves. Similarly, Section 125(1)(c) covers situations where a legitimate or illegitimate child, excluding married daughters, has reached adulthood but suffers from a mental or physical disability, making them unable to maintain themselves.

In both cases, a first-class Magistrate can order the individual to provide a monthly allowance for the child's maintenance after reviewing evidence of neglect or refusal. Additionally, Section 125(1)(b) empowers a Magistrate to order a father to maintain his minor daughter until she reaches adulthood, particularly if her husband, if married, lacks the means to support her.

For more detailed information on maintenance under Hindu law, you can refer to this comprehensive guide on maintenance under Hindu law.

Maintainance For Parents

Section 125(1)(b) of the CrPC states that if a person with sufficient means neglects or refuses to maintain their elderly father or mother who is unable to support themselves, a first-class Magistrate can order them to provide a monthly allowance for their parents' maintenance. The Magistrate will determine the appropriate amount and direct the person to pay it regularly.

Interim Maintenance

According to the second proviso to Section 125(1) of the CrPC, parties can seek interim maintenance during divorce or separation proceedings. A person may be required to provide a monthly allowance for the interim maintenance of their wife, children, or parents, as deemed reasonable by the Magistrate for the specified period. The application for interim maintenance and expenses for the proceedings must be resolved within 60 days from the date the notice of the application is served.

Legal Consequences of Non-Compliance with Maintenance Orders

If a person fails to comply with a maintenance order under Section 125 of the CrPC without sufficient cause, several legal actions may follow:

1. Section 125(3) of the CrPC also gives the Magistrates the power to issue warrants for unpaid maintenance amounts. The warrants can result in a maximum of one month in prison for each month of unpaid maintenance, but they can't be issued more than one year after the due date.

Conditions Affecting Eligibility for Maintenance

A wife is not entitled to receive maintenance or interim maintenance under this section if she has committed adultery, or refuses to live with her husband without sufficient reason, or if they are living separately by mutual consent.

If it is proven that a wife, for whom a maintenance order has been issued, has committed adultery, is refusing to live with her husband without valid reasons, or if the separation is by mutual consent, the Magistrate will cancel the maintenance order.

Relevant Case Laws

Mohammad Ahmed Khan vs. Shah Bano Begum

The respondent initiated legal proceedings against her appellant husband under Section 125 of the CrPC after she was forced to leave her husband’s residence. The appellant then finalized the divorce through an irrevocable talaq. The Court ruled that a Muslim husband with adequate financial resources must provide maintenance to his divorced wife if she is unable to maintain herself. Such a wife is entitled to maintenance even if she refuses to live with her husband, who has remarried within the permissible limit of four wives as instructed by the Quran.

For more information on maintenance rights under Muslim law, you can refer to this detailed guide on maintenance under Muslim law.

Smt. Yamunabai Anantrao Adhav vs. Anantrao Shivram Adhav

The appellant had married the respondent as per Hindu laws while the respondent's earlier marriage was still subsisting. The appellant left the house due to ill-treatment and applied for maintenance. The Supreme Court ruled that the marriage of a woman as per Hindu rites with a man having a legal spouse, after coming into force of the Hindu Marriage Act is a complete nullity in the eyes of laws. Therefore, she is not entitled to maintenance under Section 125 of CrPC. Even if the appellant was not informed of the respondent's earlier marriage, the prayer of the appellant for maintenance cannot be allowed.

Pandurang Bhaurao Dabhade vs. Baburao Bhaurao Dabhade

The respondent worked with the Central Government with a good salary, yet he refused to pay any maintenance amount to his father, the appellant who was unable to take care of himself due to old age and physical ailments. The appellant applied to the Court to get the allowance amount from the respondent. The Court held that the father or mother can claim maintenance under Section 125(1)(d) if they are not capable of taking care of themselves due to old age. However, children should have sufficient means to maintain their parents, if parents claim maintenance from their children.

Conclusion

Section 125 of the CrPC is crucial to protect the rights of women who are divorced, children and elderly parents who are unable to support themselves financially. Such provisions are not meant to punish a person for their past neglect, but to ensure equality in the diverse Indian society that is still aloof towards problems its citizens are facing. The provisions of maintenance of CrPC apply to individuals belonging to all religions and are not related to the personal laws of such religions.