Dec 30, 2017
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Order For Maintenance Of Wives, Children And Parents

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Order For Maintenance Of Wives, Children And Parents ( Section 125 ) under Code of Criminal Procedure Code, 1973

Section 125 of the Code of Criminal Procedure provides protection to weaker section of section. Weaker section of society means who lacks the means of support and survival and also unable to maintain themselves. It includes women, children and also parents of a person. The main objective of this section is to protect the status and economic condition of the wives and the divorcees.

Section 125 ensures that maintenance  granted irrespective of the Personal laws of the Hindus (Section 24 of the Hindu Marriage Act, 1955), Muslim (Women (Protection Of- Rights On Divorce) Act, 1986) and Parsis (The Parsi Marriage and Divorce Act, 1936).

Order for maintenance of wives, children and parents ( Section 125)

1. If any person refuses to maintain his, who unable maintain themselves:

  1. wife, unable to maintain herself, or
  2. legitimate or illegitimate minor child, whether married or not,or
  3. physically or mentally handicapped, legitimate or illegitimate, child (not a married daughter),or
  4. father or mother.

A Magistrate of the first class order such person to give monthly allowance to wives, child, mother and also father for their maintenance. Magistrate also decides the rate of allowance, as he thinks fit. He also orders that person to pay allowance from time to time.

Some other provision in the code :

  1. if the Magistrate satisfied that the husband of minor daughter unable to pay the allowance. Then he order the father to pay the allowance as necessary to the minor daughter. Until she attains majority.
  2.  During the pendency of the proceeding, the Magistrate orders such person to pay monthly allowance for interim maintenance of his wife, child, and also parents. Also order such person to pay expenses of such proceeding and pay such person as magistrate directs from time to time.
  3. Disposition of application for monthly allowance for interim maintenance and expenses of proceeding, within sixty days from the date of the service of notice of the application.

Failure to comply with the order

Section 125 (3) specifies the action that can be taken by the Magistrate on failure on compliance with the order which is as follows:

  1.  For every breach of the order a warrant is issued for levying the amount due.
  2. The imprisonment of one month or
  3. imprisonment until allowance paid.

Except:

  1. No warrant issued for recovery of amount due, unless application made to court for leving such amount within one year from Due date.
  2. If person puts condition for maintaining the wife that she needs to live with him, and if she refuses such condition. Then the magistrate will consider the grounds of such refusal and order if satisfied that refusal is just and proper.

Cancellation of Order of Maintenance

Section 125 also lays down certain provisions in which the spouse is not eligible to the maintenance amount.  The provisions are as follows if:

  1. the wife is living in adultery
  2. the wife refuses to live with her husband without sufficient means
  3. by mutual consent they have decided to live separately
  4. the competent Civil court announces a decision
  5. the wife remarries to another man after the divorce, then the maintenance amount is cancelled with effect from the date of marriage.

 

 

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