SECTION 125 CRPC PDF

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this Sub-Section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct; Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be. No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent. On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

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Twitter Facebook Reddit Legislated as a tool for social justice, Section of the Criminal Procedure Code, provides an effective remedy for neglected persons to seek maintenance.

But, who all can seek maintenance? Legislated as a tool for social justice, Section of the Criminal Procedure Code , provides an effective remedy for neglected persons to seek maintenance. A follower of any religion can apply for maintenance under Section without restriction.

Who Can Claim Maintenance? Some of the laws applicable to the matters of maintenance to wives, parents, sons, daughters and other dependents and the Acts covered within the jurisdiction of the Family Courts are the following.

For Hindus, a legally valid marriage requires that: both parties are Hindus, the marriage is performed in accordance with customary rites of the parties, neither party has a living spouse at the time of marriage, neither party is of unsound mind at the time of marriage, the male is at least 21 years old, the female is at least 18 years old and both parties are not related by sapinda or within prohibited degrees of relationships.

For Hindus, the second wife cannot claim maintenance because a second marriage is forbidden by law and is not recognised as being valid. The second wife is entitled to claim maintenance only if the husband concealed his first marriage from her. For Muslims, a legally valid marriage requires that: both parties are Muslims of sound mind both parties have attained puberty presumed at the age of 15 , both parties consent to the marriage, the parties are not temporarily or permanently prohibited from marrying each other, the woman is not married to another man or observing iddat for another man, a proposal ijab is made, an acceptance of the proposal qubul is made, both proposal and acceptance are made at the same occasion and signify the establishment of marriage with the immediate effect, the proposal and acceptance are not repugnant to the Shariat, the proposal and acceptance are witnessed by two men or a man and two women who are Muslim adults of sound mind, know the bride and groom with certainty and understand the proposal and acceptance.

Live-in relationships are presumed to be a marriage. The wife who lives separately without sufficient reasons or due to personal mutual agreement cannot claim maintenance. A divorced Muslim wife can claim maintenance even if the iddat period has passed, but she must not be remarried.

The age of the wife is irrelevant in claims of maintenance — she may be a minor or a major. Additionally, the wife must not be living in adultery.

Child Male and female children, irrespective of whether they are born inside or outside the legally valid marriage of the father and mother, can claim maintenance. They must be minors to claim maintenance. They may be married or unmarried. Adult children can claim maintenance from their parents only if they have a physical or mental abnormality that makes them unable to maintain themselves.

An adult unmarried daughter can claim maintenance from her parents. Married minor girls can claim maintenance from their parents till they turn 18 if their husbands do not have sufficient means to maintain them.

However, married adult girls cannot claim maintenance from the parents. Mother and Father Both the mother and the father, whether natural or adoptive, can claim maintenance from any one or more of their children. Daughters are also liable to pay maintenance to the mother and the father. A step-mother can claim maintenance only if she is a widow and does not have natural-born sons or daughters. Conditions for Granting Maintenance: Person from whom maintenance is claimed must have the ability to pay maintenance.

Ability means being employed, owning land, having a source of income or having a healthy body capable of work. The person must have neglected the claimant or refused to pay maintenance. Persons claiming maintenance must be unable to maintain themselves. If a person is healthy, adequately educated or capable of pursuing gainful employment no maintenance is given.

Wives and elderly parents are generally given maintenance. The mere fact that the wife is earning does not disentitle her from claiming maintenance. The question is whether she is able to maintain the same standard of living that subsisted prior to the neglect or divorce with her own earnings without having to depend on another.

What is the Amount of Maintenance that can be given? She can order a monthly allowance of maintenance that she deems just and fair. This is usually decided after considering the income of the person, the standard of living that is consistent with the status of the claimant and the separate earnings, if any, of the claimant. The maintenance must aid in ensuring the same standard of living for the claimant. It must neither be so plentiful that it tempts the claimant to rely solely on maintenance nor so pitiful that it pushes the claimant into vagrancy or a lower standard of living.

A second application of maintenance is allowed under Section and the quantum of maintenance can be enhanced with passage of time or change in material circumstances and prices.

Where Can Maintenance Proceedings be Filed? A wife can file maintenance proceedings in any place where : husband resides; or husband is physically present at the particular point of time; or husband last resided with wife.

Parents can file maintenance proceedings in any place where : they reside; or the child resides. Enforcement of Maintenance Order After a maintenance order is passed, a copy of the order must be supplied to the claimant free of cost.

The person who is ordered to pay maintenance must obey the court order. The failure to pay maintenance without sufficient reason will result in a court warrant for collecting the amount due. The court warrant can attach any immovable property or salary of the person. If the person does not pay maintenance even after the warrant is executed, the person is liable to imprisonment for a maximum of 1 month or until the amount is paid, whichever is earlier.

The application for enforcement of maintenance must be filed within 1 year from the date on which it became due. Otherwise the application will be dismissed. Thousands of cases are pending in these courts. More than 2.

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CrPC 125: Section 125 of the Criminal Procedure Code

Twitter Facebook Reddit Legislated as a tool for social justice, Section of the Criminal Procedure Code, provides an effective remedy for neglected persons to seek maintenance. But, who all can seek maintenance? Legislated as a tool for social justice, Section of the Criminal Procedure Code , provides an effective remedy for neglected persons to seek maintenance. A follower of any religion can apply for maintenance under Section without restriction. Who Can Claim Maintenance? Some of the laws applicable to the matters of maintenance to wives, parents, sons, daughters and other dependents and the Acts covered within the jurisdiction of the Family Courts are the following.

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CrPC Section 125

Provided that the Magistrate may order the father of a minor female child referred to in clause b to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct. Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. Explanation — For the purpose of this Chapter. Act No. Amendment Act, , S. Amendment Act, S.

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Right To Maintenance Section 125 crpc

Such maintenance is granted at such monthly rate, as the Magistrate thinks fit. If you are a woman and have been divorced by your husband or you have obtained divorce from your husband, you are entitled to maintenance. However, a wife cannot claim maintenance in case she is living in adultery or she without any sufficient reason refuses to live with her husband. If she remarries, after the date of her divorce, she cannot claim any such maintenance. On any of these grounds, a husband may apply for cancellation of any such order of maintenance. If husband and wife are living separately by mutual consent, even in that situation wife is not entitled to claim any such maintenance. Sufficient Means to Maintain - Satisfaction of Magistrate Before any such order is passed in favour of the applicant, Magistrate is to be satisfied that the person who neglects or refuses to maintain must have sufficient means.

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Who can seek Maintenance under Section 125 of the CrPC?

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