Maintenance

Maintenance Under Section 125 CrPC

According to Indian law, maintenance can be provided to specific classes of society such as wife, children, and aged parents. Maintenance is generally allowed by the court to the affected party, just to bear the cost of the basic necessities like food, shelter, medical expenses. S125 of the CrPC is secular in nature. A Follower of any religion can apply to the court for maintenance. Section 125 CrPc is a part of criminal law. However, the purpose of the proceedings under Section 125 of Code of Criminal Procedure is not to punish a person for his past neglect, but to prevent destitution by compelling a husband, who can provide support, to the wife, children or Parents who is unable to support themselves

 If you want to file or defend a petition under section 125 Cr.P.C. and looking for a competent lawyer to represent you, look no further; Just give us a call and let us handle the same in the most professional and transparent manner.  

K.S Sawhney

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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, and 
  • Father or mother from his son or daughter. 
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There are some essential conditions which should be fulfilled for claiming and 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. 

  • She is living in adultery  
  • She has refused to live with her husband without sufficient cause 
  • Both the parties are living separately with mutual consent 

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