Friday, Apr 26, 2024

24x7 Free Helpline For Men +91-888-2-498-498

Share
whatsapp

Law Point: Nature of provisions u/s 125 CrPC is social justice legislation. Section 125 in The Code Of Criminal Procedure, 1973.

Section 125 in The Code Of Criminal Procedure, 1973 125.

Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority,
where such child is, by reason of any physical or mental abnormality or injury unable to maintain
itself, or
(d) 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 not exceeding five
hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the
Magistrate may from time to time direct: Provided that the Magistrate may order the father of a
minor female child referred to in clause (b) to make such allowance, until she attains her majority, if
the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of
sufficient means. Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 );
is deemed not to have attained his majority;

(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her
husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the
application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate
may, for every breach of the order, issue a warrant for levying the amount due in the manner provided
for levying fines, and may sentence such person, for the whole or any part of each month' s allowances
remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to
one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery
of any amount due under this section unless application be made to the Court to levy such amount
within a period of one year from the date on which it became due: Provided further that if such person
offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under this
section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.-
If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to
be just ground for his wife' s refusal to live with him.
(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living
in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living
separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in
adultery, or that without sufficient reason she refuses to live with her husband, or that they are living
separately by mutual consent, the Magistrate shall cancel the order.

Quick Links
Tags
CrPC 161
Passport
Bail
CrPC 294
unclean hands
323
41a
clubbing all cases in single court
Maintenance
IPC 323
NCRB
Electronic evidence
Cooling period
322
No relief to people who come to courts with unclean hands
DP Act
IPC 506
Legal Terrorism
False affidavit
IPC 406
CrPC 319
False Allegations
CrPC 340 - Perjury
Order 41 Rule 5 CPC
CrPC 41
Police Custody
Vague Allegations
406
Dowry
CrPC 313
Dowry Misuse
HMA-24
No Independent witness examined
Child Custody
No maintenance to deserting wife
HMA 25
No neighbor examined.
CrPC 128
Quash
DV-Act
RCR
Wife earning
504
Quashing 498a
FIR
IPC 497
Section 376
Divorce
IPC 375
306
RTI
Dowry Death
HMA
CrPC 340
Caveat
CrPC 126
IPC
prohibition
IPC 354
Diet Money
IPC 334
Passport
Stay by Appellate Court
False Case
Maintenance dismissed
IPC 304
Mutual Consent Divorce
Car to husband
CrPC 468
No Proper Source of funds of dowry.
CrPC 127
IPC 376
IndianPenalCode
156(3)
Judicial Custody
498a
EXEMPT FROM PERSONAL APPEARANCE
IPC 302

Knowledge and content of about almost all their respective descriptions are borrowed from law related blogs and websites. We, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, LawOctopus, IndianKanoon, Manupatra, LegallyIndia etc. Many of the judgements are also taken from the websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Copyright © 2019-20 SIF Chandigarh. All Rights Reserved