Section 125 of Cr.PC deals with “Order for maintenance of wives, children and parents”. According to Section 125(1), the following persons can claim and get maintenance:
- Wife from his husband,
- Legitimate or illegitimate minor child from his father,
- Legitimate or illegitimate minor child (physical or mental abnormality) from his father,
- Legitimate or illegitimate major child (18+) (physical or mental abnormality) from his father,
- Father or mother from his son or daughter
‘Maintenance’ in legal meaning is money (alimony) that someone must pay regularly to a former wife, husband or partner, especially when they have had children together. It is the duty of every person to maintain his wife, children and aged parents, who are not able to live on their own.
Scope and objective of Proceedings for CrPC Section 125
Scope and objectives of proceedings for maintenance of wives, children and parents are the following
- The proceedings are not punishable in nature. The main objective of Chapter IX of Cr.PC is not to punish a person who is not maintaining those whom he is bound to maintain.
- The main objective is to prevent homelessness by way of procedure to provide a speedy remedy to those who are in pain.
- It does not make any distinction between persons belonging to different religions or castes.
- It has no relation to the personal laws of parties.
Essential conditions for granting maintenance
- Sufficient means for maintenance are available.
- Neglect or refusal to maintain after the demand for maintenance.
- The person claiming maintenance must be unable to maintain himself/herself.
- Quantum of maintenance depends on the standard of living.
How much amount one is liable to pay under CRPC SECTION 125?
According to Section 125(1)(d), If any person neglects or refuses to maintain his wife, children or parents, then a Magistrate of the First Class can order such person to make a monthly allowance for the maintenance of his wife, children or parents, at such monthly rate as such Magistrate thinks fit, and to pay the same to such person as the direction of magistrate.