Maintenance Under Section 125 CrPC

May 26, 2023

This article has been written by Mr Satyam Singh, a student studying BBA LLB from Netaji Subhas University, Jamshedpur. The author is a 3rd year law student.

Introduction

Section 125 of the Code of Criminal Procedure (CrPC) is a legal provision in India that deals with maintenance. It provides for the payment of maintenance to certain categories of persons, such as wives, children, and parents, who are unable to maintain themselves.

The purpose of this provision is to ensure that those who are dependent on others for their maintenance are not left without support. The provision is gender-neutral and can be invoked by either the husband or the wife.

Under Section 125 of the CrPC, a person who has sufficient means is required to provide maintenance to his or her spouse, children, or parents who are unable to maintain themselves. The amount of maintenance is determined by the court based on the needs of the dependent and the means of the person who is required to provide maintenance.

The provision also provides for the payment of interim maintenance during the pendency of the case. This ensures that the dependent is not left without support during the course of the legal proceedings.

Section 125 of the CrPC is a significant legal provision that aims to protect the rights of dependents who are unable to maintain themselves. It ensures that they are not left without support and can lead a dignified life.

Scope and applicability of Section 125 CrPC

Maintenance is a fundamental right of every person, and it becomes even more important when a person is unable to maintain himself or herself. The Code of Criminal Procedure (CrPC) provides for maintenance under Section 125. This provision is aimed at ensuring that those who are dependent on others for their maintenance are not left without support.

Section 125 of the CrPC provides for the payment of maintenance to certain categories of persons, such as wives, children, and parents, who are unable to maintain themselves. The provision is gender-neutral and can be invoked by either the husband or the wife.

The provision is applicable to all persons who are Hindus, Muslims, Christians, and Parsis. It is important to note that the provision is not applicable to persons who are governed by their personal laws.

The scope of maintenance under Section 125 is quite broad. It includes not only the basic needs of the dependent but also his or her educational and medical expenses. The amount of maintenance is determined by the court based on the needs of the dependent and the means of the person who is required to provide maintenance.

It is important to note that maintenance under Section 125 is not a punishment but a right of the dependent. The provision aims to ensure that those who are dependent on others for their maintenance are not left without support.

Who is entitled to maintenance under Section 125?

Wife: A wife is entitled to maintenance from her husband if she is unable to maintain herself. The husband has a legal obligation to provide for his wife’s maintenance, and failure to do so can result in legal action against him.

Children: Children, whether legitimate or illegitimate, are entitled to maintenance from their parents until they are capable of maintaining themselves. The amount of maintenance is determined by the court based on the needs of the child and the means of the parent.

Parents: Parents who are unable to maintain themselves are entitled to maintenance from their children. This provision is particularly important for elderly parents who may not have a source of income.

In all three cases, the dependent must prove that he or she is unable to maintain himself or herself. The burden of proof is on the dependent, and he or she must provide evidence to support his or her claim.

Procedure for claiming maintenance under Section 125:

The procedure for claiming maintenance under Section 125 is quite simple. The dependent must file an application before the Magistrate’s court. The application must contain the following details:

Name and address of the dependent
Name and address of the person from whom maintenance is claimed
The ground on which maintenance is claimed
Details of the dependent’s income and assets, if any

Once the application is filed, the court will issue a notice to the person from whom maintenance is claimed. The person will be given an opportunity to present his or her case before the court. The court will then examine the evidence presented by both sides and make a decision on the amount of maintenance.

The court may also order the payment of interim maintenance during the pendency of the case. This ensures that the dependent is not left without support during the course of the legal proceedings.

If the person from whom maintenance is claimed fails to comply with the court’s order, he or she may be punished with imprisonment for a term that may extend to one month or until payment is made.

Grounds for refusing maintenance under Section 125

While the provision for maintenance under Section 125 is intended to ensure that dependents are not left without support, there are certain grounds on which maintenance may be refused. These grounds are:

The dependent is not unable to maintain himself or herself: Section 125 provides maintenance only to those who are unable to maintain themselves. If the dependent is found to be capable of maintaining himself or herself, maintenance may be refused.
The dependent has remarried: If a wife who is entitled to maintenance under Section 125 remarries, she will not be entitled to maintenance from her former husband.
The dependent has sufficient means: If the dependent has sufficient means to maintain himself or herself, maintenance may be refused.
The dependent is living in adultery: If the wife is living in adultery, she will not be entitled to maintenance under Section 125.
The dependent has neglected to maintain the person from whom maintenance is claimed: If the dependent has neglected to maintain the person from whom maintenance is claimed, maintenance may be refused.
The dependent has refused to live with the person from whom maintenance is claimed without any sufficient reason: If the dependent has refused to live with the person from whom maintenance is claimed without any sufficient reason, maintenance may be refused.
The dependent is a major and has ceased to be a student: If the dependent is a major and has ceased to be a student, maintenance may be refused.

It is important to note that the burden of proving that the dependent is not entitled to maintenance lies on the person from whom maintenance is claimed. The court will examine the evidence presented by both sides and make a decision based on the facts of the case.

Landmark judgments

Here are some landmark case laws related to Maintenance Under Section 125 CrPC:

Bai Tahira vs. Ali Hussain Fidaalli Chothia (1979): In this case, the Supreme Court held that a Muslim wife is entitled to maintenance under Section 125 of the CrPC, irrespective of the personal law of the parties. The court observed that Section 125 is a secular provision and is applicable to all persons irrespective of their religion.
Vijaykumar Ramchandra Bhate vs. Neela Vijaykumar Bhate (2003): In this case, the Supreme Court held that a husband cannot refuse to pay maintenance to his wife merely on the grounds that she is well-educated and capable of earning her own livelihood. The court observed that the husband’s liability to pay maintenance arises from the marital relationship and not the wife’s ability to earn.
Savitaben Somabhai Bhatiya vs. State of Gujarat & Anr. (2005): In this case, the Supreme Court held that the provision of maintenance under Section 125 of the CrPC is a measure of social justice and is intended to ensure that dependents are not left without support. The court also observed that the provision is applicable to all persons irrespective of their religion or caste.
Shabana Bano vs. Imran Khan (2010): In this case, the Supreme Court held that a Muslim wife is entitled to maintenance even after the expiry of the iddat period (the period of three months after the divorce during which the wife is entitled to maintenance). The court observed that the object of Section 125 is to prevent vagrancy and destitution and that the wife’s entitlement to maintenance does not cease after the expiry of the iddat period.
Rajesh Kumar Agarwal vs. Kusum Agarwal (2011): In this case, the Supreme Court held that the court can grant interim maintenance to the wife under Section 125 of the CrPC even if she has her own income. The court observed that the wife’s income is relevant only for determining the quantum of maintenance and not for denying her entitlement to maintenance.

These landmark cases have played a significant role in shaping the interpretation and application of Section 125 of the CrPC. They have helped to establish the principles that guide the courts while deciding cases related to maintenance and have ensured that dependents are not left without support.

Conclusion

Maintenance under Section 125 of the CrPC is a provision that is aimed at ensuring that dependents who are unable to maintain themselves are not left without support. The provision applies to all persons who are Hindus, Muslims, Christians, and Parsis and is gender-neutral.

A wife, children, and parents who are unable to maintain themselves are entitled to maintenance under Section 125. The amount of maintenance is determined by the court based on the needs of the dependent and the means of the person who is required to provide maintenance. The provision also provides for the payment of interim maintenance during the pendency of the case.

However, maintenance under Section 125 is not a punishment but a right of the dependent, and the person from whom maintenance is claimed has the burden of proving that the dependent is not entitled to maintenance.

In conclusion, Section 125 is a provision that is essential in ensuring that dependents are not left without support. The provision is a testament to the Indian legal system’s commitment to the welfare of its citizens, and it is essential that it is used to its fullest potential to ensure that no dependent is left without support.

Reference

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May 26, 2023