SECTION 125 OF CRPC
Section 125 of crpc provide for a fast and effective, It provides a remedy against those persons who refuse to maintain their dependent wives, children and parents. Though the subject matter of Section 125 of crpc is civil in nature. The primary justification for their inclusion in the Criminal Procedure Code. Section 125 provides remedy, not punishment. The person who wants to claim maintenance has to claim under this act
Maintenance Under Section 125 CrPC and Domestic Violence Act :-
- It is applicable to those persons belonging to all religions and has no relationship with the personal law of the parties.
- It may also be noted that as the exercise of the powers to grant maintenance is of a judicial character, only Judicial Magistrates of the First Class have been empowered to deal with such matters of maintenance.
- Sections 125-128 provides a self-contained speedy procedure for a man to maintain his wife, children and parents. Though the relief given under this act 125 is essential of a civil nature.
- The findings of the magistrate are not final and the parties can legitimately agitate their rights in a civil court even after the order of the magistrate.
- The amount of maintenance under section 125 of crpc will be decided on the basis of the living before the separation and income of the husband.
WHICH WIFE CANNOT CLAIM MAINTENANCE UNDER SECTION 125 OF CRPC
- If she had remarried to someone else then she cannot claim for maintenance under section 125 of crpc.
- If she is practicing adultery.
- she has sufficient means to maintain herself.
- she refuses to stay with her husband without any sufficient cause.
- there is a separation due to mutual consent.
WHAT DO YOU MEAN BY UNABLE TO MAINTENANCE HERSELF UNDER SECTION 125 CRPC
The lifestyle or status before separation. She should get maintenance to enjoy the same lifestyle or status after separation. If the wife is not sufficient to maintain herself, then the husband is liable to provide maintenance.
A person entitled to claim maintenance under Sections 125 of CrPC
- legitimate or illegitimate child
- legitimate or illegitimate abnormal child who has attained majority
- father or mother
The term ‘wife’ appearing in “Sections 125 of CrPC’ means only a wedded Wife.
The fact of the parties have lived together as husband and wife for a long time would be relevant to raise only a presumption in law of their being husband and Wife.
However, such a presumption is rebuttable on the proof of the invalidity of the marriage.
The consideration of the other provisions of Section 125 of CrPC would strengthen the above View. firstly, the section while specifically providing for both legitimate and illegitimate claims of their wives by just divorcing them under the above said personal law.
Section 125 of CrPC applies both to women who have been divorced before or after the new Code came into force. Under section 125, a present right has been conferred in relation to a past event and it will not make the section retrospective.
Apart from that, the section is both remedial and beneficial in character and in such circumstances, it is the duty of the judge to construe it in such a manner as to suppress the mischief and advance the remedy.
His legitimate or illegitimate child:
If the child is minor it is immaterial whether it is married or not. For the purposes of this chapter, Explanation (a) to Section 125 of Crpc clause (1) defines minor as meaning “a person who, under the provisions of the Indian Majority Act, 1875, is deemed not to have attained his majority”.
The child may be male or female. A minor married girl may be entitled to claim maintenance from her husband or her father (or may be from both) provided the other necessary conditions are satisfied.
A Muslim father’s obligation like that of a Hindu father, to maintain his minor children as contained in Section 125 is absolute and is not at all affected by Section 3(1)(b) of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
His legitimate or illegitimate abnormal child who has attained majority:
Where such child is by reason of any physical or mental abnormality or injury unable to maintain itself. However a married daughter is not entitled to maintenance under Section 125 if she has attained majority. In such cases the responsibility of maintaining her is that of the husband and not of the father. His father or mother:
It is not quite clear from the section whether father or mother will also mean the adoptive father or mother or stepfather or stepmother. According to Section 3(20) of the General Clauses Act, 1897, the word ‘father’ shall include an adoptive father and though the term ‘mother’ has not been similarly defined, it has been held that the term ‘mother’ includes ‘adoptive mother.
Interim maintenance under section 125 crpc:-
Interim maintenance means the maintenance which is provided to the wife, children and parents in the course of court proceedings.
While the suit is going on, the husband has to pay interim maintenance to the wife for fulfillment for her basic needs. She should get maintenance because she can survive and fight the case with full power.
If she has a child then she also gets maintenance for his children also.
Application for maintenance under section 125 of Crpc.
The application of maintenance can be filled to the magistrate and you can give an application for this. After that you will be given a date of hearing. On that date, you have to appear before the court and the opposite party also have to appear before the court on the same date.
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