Section 125 CrPC: Maintenance Order for Wives, Children & Parents in India
This section deals with the provision of maintenance to certain individuals, namely wives, children, and parents, who are unable to maintain themselves. It empowers a Magistrate to pass an order for maintenance in specific situations.
1. Code
The relevant code is **Section 125 of the Criminal Procedure Code (CrPC), 1973**.
2. Explanation
Section 125 CrPC outlines the legal framework for securing maintenance from a person who has neglected to provide for his/her wife, children, or parents who are unable to support themselves.
The key provisions are:
- Who can apply?
- Wife, children (legitimate, illegitimate, or adopted), and parents of the person against whom the application is filed.
- When can they apply?
- If the person is unable to maintain themselves due to the neglect or refusal of the other party to provide maintenance.
- In cases where the other party has sufficient means to provide maintenance.
- What kind of maintenance?
- Reasonable and sufficient amount for the maintenance of the applicant.
3. Illustration
Suppose a woman is divorced and unable to support herself. She can file an application under Section 125 CrPC against her former husband, seeking maintenance from him. If the Magistrate finds that the ex-husband is capable of providing maintenance and the woman is unable to support herself, he can order the ex-husband to pay a monthly amount for her maintenance.
4. Common Questions and Answers
Q. What are the grounds for an application under Section 125 CrPC?
A. The grounds are:
- The applicant is unable to maintain themselves due to the neglect or refusal of the other party to provide maintenance.
- The other party has sufficient means to provide maintenance.
Q. Is there a time limit for filing an application?
A. There is no specific time limit. However, it is advisable to file the application as soon as possible.
Q. What are the factors considered when determining the amount of maintenance?
A. Factors include:
- The applicant’s income and expenses
- The respondent’s income and expenses
- The standard of living of the family
- The age and health of the applicant
Q. Can the maintenance order be revoked?
A. Yes, the Magistrate can revoke the maintenance order if the circumstances leading to the order have changed or ceased to exist.
