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Order for Maintenance of Wife, Children and Parents (Section 144-147 of BNSS)

Meaning: Section 125 of the CrPC is a legal provision that deals with the award of maintenance to wives, children, and parents who are unable to maintain themselves. It provides a legal framework for individuals to claim financial support from their spouses, children, or children-in-law, as the case may be. Objects: Provide Financial Support: The primary object of Section 125 CrPC is to ensure that individuals who are unable to maintain themselves due to various circumstances, such as poverty, old age, illness, or marital disputes, receive financial support. This support is typically claimed from spouses, children, or children-in-law. Prevent Destitution: Section 125 aims to prevent destitution and the suffering of individuals who are financially dependent on others but are neglected or abandoned. It helps protect the basic rights and dignity of the claimants. Ensure Equal Treatment: This provision promotes gender equality by allowing wives to claim maintenance from their husbands, regardless of the religion of the parties involved. It also places a legal obligation on parents to support their children. Welfare of Children: Section 125 emphasizes the welfare of children by making parents responsible for their maintenance. This ensures that children’s needs, including education and healthcare, are met even when the parents are separated or in dispute. Enforceable Right: It provides a legal remedy for individuals to enforce their right to maintenance through a judicial process. In cases of non-compliance with maintenance orders, the law allows for enforcement through various means, including attachment of property and, if necessary, arrest. Spouses: Section 125 covers maintenance claims by wives against their husbands. It is applicable to wives in lawful and unlawful marriages, recognizing the legal obligation of husbands to support their wives. Children: This section extends to legitimate or illegitimate children. Parents, whether the father or mother, are liable to provide maintenance to their children. Parents: Section 125 also applies to parents who are unable to maintain themselves. Children are legally obliged to support their parents. Jurisdiction: The provision applies to individuals of all religions and is not restricted by religion or personal laws. It falls under the scope of criminal law and can be enforced through the criminal justice system. Key Provisions of Section 125 CrPC: Maintenance of Wives: Section 125(1) of the CrPC allows a wife, who is unable to maintain herself, to claim maintenance from her husband. This provision is applicable to wives of any religion and includes both lawful and unlawful marriages. Maintenance of Children: Section 125(1)(a) extends the provision to include legitimate or illegitimate children who are unable to maintain themselves. Parents, whether father or mother, are responsible for the maintenance of their children. Maintenance of Parents: Section 125(1)(c) allows parents who are unable to maintain themselves to claim maintenance from their children. Procedure: To claim maintenance under this section, the person seeking maintenance (the wife, child, or parent) must apply to a Magistrate. The Magistrate will then conduct an inquiry, and if satisfied, order the person responsible (the husband, father, or children) to make regular payments for maintenance. Amount of Maintenance: The Magistrate has the discretion to determine the amount of maintenance, taking into account the needs and financial capacity of the parties involved. Enforcement: If the person ordered to pay maintenance fails to comply with the order, the Magistrate has the authority to take steps to enforce the payment, which may include issuing a warrant for the recovery of the amount due. Circumstances when wife is not entitled to Maintenance: Under Section 125 of the Code of Criminal Procedure (CrPC) in India, a wife is generally entitled to maintenance from her husband if she is unable to maintain herself. However, there are certain circumstances in which a wife may not be entitled to maintenance: Adequate Means: If the wife has adequate means to support herself, she may not be entitled to maintenance. The court will consider her financial independence, property, income, and other sources of support. If she is financially self-sufficient, the court may not grant maintenance. Living Separately by Choice: If the wife is living separately from her husband by her choice, without any valid reason, she may not be entitled to maintenance. Valid reasons for living separately, such as domestic violence or cruelty, would still entitle her to maintenance. Remarriage: If the wife remarries, she generally loses her right to claim maintenance from her former husband. Adultery: If the wife is engaged in an adulterous relationship, the court may consider this as a ground to deny or reduce her right to maintenance. Adultery may be taken into account while determining the amount of maintenance.