Grounds of maintenance U/s Section 125 of CRPC By Shadan Seraj At LEXCLIQ

Section 125 of the code is a measure of social justice and difficulty in acted to protect women and children and falls within the consonal sweep of article 15 (3) reinforced by artical 39. Section 125 – 128p of the code makes provision for maintenance of wives, children and parents. It is natural and fundamental of every person to maintain his wife and children so long as they are not able to maintain themselves. These provisions are enacted with the object of enabling discarded wise, helpless and deserted children and destitute parents to secure much-needed relief. However in order that a wife can claim maintenance under section 125 must be proved that she was legally wedded wife under personal law applicable to the parties.

A wife, child or parents how to remedies for securing maintenance the first one is the suit in civil court and the second is a proceeding under section 125 of the CrPC. Section 125 of CrPC states that if any person having sufficient means neglects and refuses to maintain ( 5 provision of section 125 along with explanation)-
Maintenance to Muslim wife – In a landmark judgement Shah Bano versus Imran Khan 2010, it was held that divorced Muslim women would be entitled to claim maintenance from her divorce husband even after the expiry of that period as long as she does not remarry defining the settlement position related to maintenance to a Muslim woman –  A divisional bench of the supreme court held that the women cannot be treated as beggars and their grace cannot be lowered in rightful claim of the maintenance after divorce since the retirement of service. The bench comprising of Justice Deepak Mishra and P. C Pant while reinstating the order of the family e court allowed The appeal and also to strict note of non granting of maintenance against the settled position of law for very long.
• 128 of CrPC is enforcement of order of maintenance. A copy of the order of maintenance shall be given without payment of the person in whose favour it is made for or to his guardian if any or to the person to whom the allowance is to be paid and such.
Wife : an application for maintenance may be made for wife, parents or children voice means legitimate wife that means marriage must be valued under the personal law applicable to the parties where the marriage must be valid and the personal law applicable to the parties where it is proved to be in legal wife has no claim for maintenance this section applies to the parties where the marriage is proved to be illegal wife has to claim for maintenance. This section applies to a wife who is legally wedded to a person and a banded by him where are Hindu marriage is proved to be void but the children born under this marriage and is proved to be the other person’s child, the child can claim for maintenance. But the woman will not be entitled to maintain is because the marriage is illegal. The second wife is not entitled to get maintenance but Odisha i.e. allowed the claim of maintenance to second wife who was a tribal granted by the same.
The Child : the word child is not defined in the code of the person must not attend the full age 18 years and who is incompetent to enter into any contract or enforce any claim under this law. In American Kumar Paul vs Maya Paul it was held that application of children is maintainable of children is maintained till the children has not attained the age of majority. Once the children attains majority the provision of section 125 would cease to exist.
Father and Mother : solution to maintain father and mother is new. Before ordering maintenance in favour of the father and mother against the married daughter the court must be satisfied that the married daughter has a sufficient means independently e of her own income except of her on in income of husband and the father and mother is unable to maintain themselves full stop the question where the a step mother can claim maintenance from her stepson has been answered differently in different high courts the Orissa and the Allahabad court are of the view that a step mother will be included in the maintenance claim on the other hand the Madhya Pradesh and Andhra Pradesh high court were of the contrary view.

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