CrPC Section 125
Section 125 of the Criminal Procedure Code (CrPC), 1973 – Order for Maintenance of Wives, Children, and Parents
Text of the Section:
“If any person having sufficient means neglects or refuses to maintain—
(1) his wife, unable to maintain herself; or
(2) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself; or
(3) his legitimate or illegitimate child (not being a married daughter) who has attained majority, unable to maintain itself because of any physical or mental abnormality or injury; or
(4) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit, subject to a maximum of five thousand rupees.”
Detailed Explanation:
1. Introduction:
Section 125 CrPC is a social welfare provision aimed at preventing destitution and vagrancy by providing a simple and speedy remedy for the maintenance of wives, children, and parents who are unable to maintain themselves.
2. Purpose:
To provide financial support to dependents neglected by persons legally bound to maintain them.
To prevent vagrancy and destitution among vulnerable family members.
To ensure prompt relief without the complexities of regular civil suits.
3. Who Can Claim Maintenance Under Section 125?
Wife: Including legally separated wives if unable to maintain themselves.
Children: Legitimate or illegitimate minor children (whether married or unmarried) and major children who are physically or mentally incapacitated.
Parents: Father or mother unable to maintain themselves.
4. Who Is Liable to Pay Maintenance?
Any person having sufficient means who neglects or refuses to maintain the above dependents.
Liability arises from legal or moral obligation.
5. Quantum of Maintenance:
The Magistrate may order a monthly allowance for maintenance.
The amount depends on the needs of the claimant and the ability of the respondent.
The maximum amount is Rs. 5,000 per month (subject to amendments by state laws).
6. Procedure:
The claimant files an application before the Magistrate of the first class.
The court conducts a summary inquiry to determine if maintenance is justified.
On proof of neglect/refusal and sufficient means, the court issues an order for maintenance.
Non-compliance with the order can lead to punishment for contempt or imprisonment.
7. Importance:
Provides a fast and effective remedy for maintenance.
Protects the rights of vulnerable family members.
Reduces burden on civil courts.
8. Related Provisions:
Section 376 IPC: Maintenance in cases of cruelty and abandonment.
Hindu Adoption and Maintenance Act, 1956: Maintenance rights in personal laws.
Domestic Violence Act, 2005: Provides maintenance and protection for women.
9. Judicial Interpretation:
Courts have emphasized that the purpose of Section 125 is to prevent vagrancy and destitution, not to punish the liable person.
Maintenance should be just and reasonable considering the circumstances.
The provision applies even if the wife is legally separated, unless she is living in adultery.
It extends to unmarried daughters in certain cases and major children incapacitated physically or mentally.
Conclusion:
Section 125 CrPC is a crucial provision in Indian law that provides a quick and effective remedy for maintenance of wives, children, and parents unable to support themselves. It plays a vital role in safeguarding the welfare of dependent family members and preventing their destitution.
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