CrPC Section 135
Section 135 of the Criminal Procedure Code (CrPC), 1973 – Order for Maintenance of a Wife or Child in a Case Where the Husband or Father Has Refused or Neglected to Maintain Them
Text of the Section:
“Where any person having sufficient means neglects or refuses to maintain his wife or legitimate or illegitimate minor child (whether married or not), or his legitimate or illegitimate child (not being a married daughter) who has attained majority, and is, by reason of any physical or mental abnormality or injury 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, at such monthly rate as such Magistrate thinks fit, subject to a maximum of five thousand rupees.”
Detailed Explanation:
1. Introduction:
Section 135 CrPC deals with the maintenance of a wife or child when the husband or father has refused or neglected to provide maintenance. This section ensures that dependents are not left without financial support, especially in cases of desertion.
2. Purpose:
To protect the welfare of wives and children who are abandoned or neglected.
To provide a quick legal remedy for maintenance when the husband or father refuses or neglects their duty.
To uphold social responsibility and family obligations.
3. Who Can Claim Maintenance Under Section 135?
The wife of the person having sufficient means.
The legitimate or illegitimate minor child, whether married or unmarried.
The legitimate or illegitimate child (not a married daughter) who has attained majority but is unable to maintain himself/herself due to physical or mental disability.
4. Liability:
The person having sufficient means (usually the husband or father) who neglects or refuses maintenance.
The court may order monthly allowance for maintenance upon proof of neglect or refusal.
5. Quantum and Duration of Maintenance:
The monthly allowance is determined by the Magistrate based on the means of the person liable and the needs of the claimant.
The allowance can be up to Rs. 5,000 per month (subject to amendments by local laws).
Maintenance continues as long as the claimant is unable to support themselves.
6. Procedure:
The aggrieved party files an application before a Magistrate of the first class.
The Magistrate conducts a summary inquiry.
On proof of neglect or refusal, the Magistrate issues an order for maintenance.
Non-compliance can lead to legal consequences including imprisonment or fines.
7. Importance:
Protects women and children from destitution.
Ensures the legal enforcement of family obligations.
Acts as a deterrent against desertion and neglect.
8. Related Provisions:
Section 125 CrPC: General maintenance provisions.
Section 127 CrPC: Variation and cancellation of maintenance orders.
Domestic Violence Act, 2005: Maintenance and protection for women.
Hindu Adoption and Maintenance Act, 1956: Maintenance in personal law.
9. Judicial Interpretation:
Courts uphold that maintenance under Section 135 is a right and not a charity.
The purpose is to ensure that dependents are not forced into poverty.
The scope is wide to cover children unable to maintain themselves due to disability.
Desertion or neglect by the husband/father is sufficient ground to order maintenance.
Conclusion:
Section 135 of the CrPC provides a speedy and effective remedy for maintenance of wives and children when the husband or father refuses or neglects to maintain them. It safeguards the financial rights of dependents and promotes social justice within the family structure.
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