Maintenance Proceedings Under Section 125 Crpc
Maintenance Proceedings Under Section 125 CrPC: Overview
Section 125 of the CrPC provides a speedy and effective remedy for maintenance to wives, children, and parents who are unable to maintain themselves. The main objective is to prevent vagrancy and destitution by compelling a person having sufficient means to support his dependents.
Key Features:
Who can claim? Wife (including divorced wife under certain conditions), legitimate or illegitimate children, and parents.
Who is liable? Any “able-bodied” person having sufficient means who neglects or refuses to maintain.
Purpose: To provide maintenance to prevent destitution.
Nature: Summary proceeding; no formal proof of marriage is required.
Amount: Fixed by the Magistrate according to the respondent’s means and the claimant’s needs.
Time: Quick disposal to avoid hardship.
Essentials of Section 125 CrPC:
Existence of a legal relationship between claimant and respondent (wife, child, parent).
The claimant is unable to maintain herself/himself.
The respondent has sufficient means to maintain.
The respondent neglected or refused to maintain.
Case Law Analysis
Case 1: Mohd. Ahmed Khan v. Shah Bano Begum (AIR 1985 SC 945)
Issue: Right of a divorced Muslim wife to claim maintenance under Section 125 CrPC.
Facts: Shah Bano, a divorced Muslim woman, claimed maintenance under Section 125 after her husband refused to pay.
Judgment: The Supreme Court held that Section 125 is a secular provision and applies to all citizens regardless of religion. The divorced wife is entitled to maintenance beyond the iddat period if she cannot maintain herself.
Significance: Landmark case establishing the universal applicability of Section 125 and the right of divorced wives to maintenance.
Case 2: Rajnesh v. Neha (AIR 2021 SC 1930)
Issue: Whether a live-in partner can claim maintenance under Section 125 CrPC.
Facts: Neha, who lived with Rajnesh as husband and wife but without marriage, filed for maintenance.
Judgment: The Supreme Court held that a woman in a live-in relationship with a man can claim maintenance if the relationship is akin to marriage and the woman is treated as a wife.
Significance: Expanded the scope of Section 125 to include women in live-in relationships.
Case 3: D.V. Lal v. D.J. Bahadur (AIR 1976 SC 1556)
Issue: Maintenance claim by parents under Section 125.
Facts: The parents of a person filed for maintenance claiming neglect by their son.
Judgment: The Supreme Court held that parents who are unable to maintain themselves can claim maintenance if their children neglect or refuse to maintain them.
Significance: Recognized the right of parents to claim maintenance.
Case 4: Bhagwan Datt Sharma v. Kamla Devi (AIR 1954 SC 549)
Issue: Maintenance to minor children.
Facts: Minor children filed for maintenance after their father deserted the family.
Judgment: The Court held that legitimate and illegitimate children are entitled to maintenance if they cannot maintain themselves.
Significance: Affirmed children's right to maintenance regardless of legitimacy.
Case 5: Lata Wadhwa v. State of Bihar (AIR 1989 SC 2113)
Issue: The extent of maintenance and discretion of the Magistrate.
Facts: The petitioner challenged the quantum of maintenance fixed.
Judgment: The Supreme Court held that the Magistrate has wide discretion to determine the amount based on the respondent’s means and the claimant’s requirements.
Significance: Clarified the flexible and discretionary nature of maintenance awards under Section 125.
Summary Table
| Case | Key Principle |
|---|---|
| Mohd. Ahmed Khan v. Shah Bano | Maintenance right of divorced Muslim wife under Section 125 |
| Rajnesh v. Neha | Maintenance rights extended to live-in partners |
| D.V. Lal v. D.J. Bahadur | Parents entitled to maintenance if neglected |
| Bhagwan Datt Sharma v. Kamla Devi | Minor children’s right to maintenance, legitimate or illegitimate |
| Lata Wadhwa v. State of Bihar | Magistrate’s discretion in fixing maintenance amounts |
Additional Notes:
Section 125 CrPC is a social legislation aimed at preventing destitution.
It is a summary proceeding; proof of marriage is not stringent.
Maintenance can be claimed even if marriage is dissolved by divorce or separation.
It is not dependent on the claimant’s moral conduct.
The onus is on the respondent to show inability or lack of means.
RELATED Blog
0 comments