Maintenance | Criminal Procedure Code
The Code of Criminal Procedure (Cr.P.C ) is the principle enactment on method for organization of substantive criminal law in India. It was established in 1973 and came into drive on 1 April 1974. The Criminal Procedure Code, 1861 was passed by the British parliament. The 1861 code proceeded after freedom and was changed in 1969. It was at long last supplanted in 1972.
MAINTENANCE OF WIVES, CHILDREN AND PARENTS—SECTION 125-128:
As per this Section 125 of CrPC the persons capable of claiming maintenance are wife from husband, children from the parents, parents from the children.
- Persons from whom maintenance is claimed must be having sufficient means.
- Those persons must neglect or refuse to maintain the wife, children or parent.
- Person’s claiming maintenance must be unable to maintain themselves.
- Wife’s Right of Maintenance—
- a) Wife claiming maintenance from husband must be a deserted or divorced or neglected;
- b) She should not be having sufficient means to maintain herself;
- C) The husband must neglect or refuse to maintain her;
- d) She should not be living in adultery;
- e) She should not get re-married;
- f) She should not be living separately from the husband without any reason;
- g) She should not be living separately by mutual consent;
- h) A Muslim women can claim maintenance under this section at present with the consent of her husband. This is so because of the Muslim Women’s Protection of Rights on Divorce Act,1986;
- i) The above act has been passed because of the judgment delivered by the Supreme Court in MOHD.AHMED KHAN v. SHAH BHANU BEGUM (1985) 875 SC.
- j) Wife under this section means legally married wife;
- k) She must be an absconding wife, not abandoning wife; AND
- l) A Mutta wife can also claim maintenance under this section.
6. Children’s Right to Claim Maintenance —
- a) Minor children can claim maintenance from parents;
- b) Children may be legitimate or illegitimate it makes no difference;
- c) Invalid children can claim maintenance from the parents until they survive – irrespective of minority or majority; AND
- d) Parents should be having sufficient means.
7. Parents Right to Claim Maintenance —
- a) Parents can claim maintenance from the children who are majors;
- b) Parents should not be having sufficient means;
- C) Children must neglect or refuse to maintain them;
- d) Then such parents can claim maintenance from the son’s if any or from the daughter’s if they have independent source of income other than the income of the husband and in-laws.
SECTION 126 PROCEDURE FOR CLAIMING MAINTENANCE :-
- There is no limitation period for making an application for maintenance;
- The maintenance application has to be made before the First Class Magistrate;
- In that application it has to be clearly shown that the person seeking maintenance doesn’t have sufficient means but from who maintenance is claimed has got sufficient means.
- At present there is no limit to the amount to be awarded as maintenance. Discretion is left to Magistrate.
- Maintenance petition should be disposed of within 6months.
- At present interim maintenance pending, final disposal of an application can also be made.
- Evidence has to be recorded as in the case of Summon’s Trail.
- Able body is also considered sufficient means.
- Court can award costs.
10.Inquiry under this section is not trial. Decision cannot be considered Acquittal or conviction.
11.Second application is not barred.
12.Exparte decision can also be passed.
- Amount should neither be luxurious nor very less.
- Maintenance should be paid from the date of the order or from the date of the application as directed by the Court.
- Wife can make an application for maintenance in the place where at present she lives or in the place where she previously lived with her husband or in that place where the husband at present resides.
SECTION 127- ALTERATION IN ALLOWANCE:-
- Maintenance awarded by the court can be altered, if there is change of circumstances of any person receiving or paying monthly allowance.
- Magistrate makes such alteration as he thinks fit.
- If there is a decision from a competent civil court recording to maintenance, the Order under Section.125 can be cancelled or altered.
- If Magistrate increases the amount of maintenance it should not be too excessive.
SECTION 128. ENFORCEMENT OF ORDER OF MAINTENANCE :-
- If the order of maintenance is disobeyed, application has to be made to the Magistrate within One Year.
- If the person doesn’t pay, Warrant can be issued and he may be fined.
- After that, that person may be imprisoned which may extend to One month or until the payment if someone made.
- Son’s have the pious duty of maintaining the aged father specially when the father sold his property for the sake of the business of son’s.
RAM LADATEY v. STATE OF U.P. (2008) CrLJ (NOC) 89 ALL.
- Before ordering maintenance from the daughter, the court must be satisfied that she has sufficient means of her own independently.
Dr. Mrs. VIJAYA MANOHAR ARBAT v. KASHI RAO RAJA RAM SAWY, AIR (1987) SC 1100.
- A children’s step-mother can claim maintenance from her step-son.
PALADUGULA VIJAYA LAKSHMI v. N. RAMANATHAM, (2003)2 ALT(G)98 AP.
- At present a neglected or deserted Muslim Woman can claim maintenance under Section 125 without the consent of the husband.
IQBAL BANU v. STATE OF U.P. (2007) 6 SCC 785.