Maintenance Under Section 125 Of CrPC (2)

1. Maintenance Under Section 125 Of CrPC Maintenance is an amount given to a person who does not have sufficient means to survive or is unable maintain, by the person who is responsible and neglects of refuses to maintain him or her. For the ready reference, the provision contained under section 125 of the Act is being reproduced herein below: 125. Order for maintenance of wives, children and parents. If any person having sufficient means neglects of refuses to maintain. a)His wife, unable to maintain herself. b)His legitimate or illegitimate minor child, whether married or not, unable to maintain itself. c)His legitimate or illegitimate major child (not being a married daughter), where such child is by reason of any physically or mental abnormality or injury unable to maintain itself. d)His father or mother, unable to maintain himself or herself. Provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub- section, order such person to make a monthly allowance for the interim maintenance of his wife, child and parents. Wife A wife can claim maintenance from her husband if she does not have sufficient means to survive or who is unable to maintain itself. (for example, if wife is not educated and husband left him then wife is not unable to maintain itself) The wife includes a divorced wife, as well as wives of voidable marriage can also claim maintenance. Wife of a void marriage cannot claim maintenance, if wife 2nd marriage is not entitled to claim maintenance even if she not unaware of the fact

2. 1st marriage held in SavitabenSomabaiBhatiya v StatesofGujarat 2005 In the following four condition the wife’s maintenance can NOT be allowed. If she is living in adultery. If without sufficient reason she refused to live with her husband. If they are living separately by mutual consent. She is highly qualified (The Delhi High Court has said that a wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earing even after her marriage. Child Whether legitimate or illegitimate, minor children who are unable to maintain themselves are entitled to maintenance from father. A legitimate or illegitimate child who has attained majority but is unable to maintain him / herself because of mental or physical abnormality or injury shall be maintained by their father. Father is liable to pay maintenance to his minor child but recently Uttarakhand High Court said that mother can also be made liable to pay maintenance to her minor child. Parents It is the responsibility of children to maintain their parents in their old age. Section 125 contain the word his father and his mother. But Supreme Court in case of VijayManoharArbat Vs KashiRaoRajaRam Sawai, 1987 case has given it a broad interpretation and held that word his has to read liberally so as to include her also which means parents can also claim maintenance from both son and daughter.