MAINTENANCE PROCEEDINGS (SECTION 125-128)
MAINTENANCE
- Maintenance is broadly defined as the provision of means, aid, support, and assistance needed for an individual’s livelihood.
- Its scope goes beyond basic necessities like food, clothing, and shelter.
- The primary aim is to prevent starvation, destitution, and vagrancy among dependents.
SECTION 125 : A SUMMARY PROCEEDING
- Section 125 proceedings are of a Summary Nature.
- They do not delve into the intricate personal rights of the involved parties.
- Courts take a prima facie view of facts, avoiding in-depth examination of matrimonial disputes.
SECTION 125 : MAINTENANCE FOR WIFE,CHILD AND PARENTS
- Section 125 of the Criminal Procedure Code addresses Maintenance for the Wife, Child, and Parents.
- It empowers the court to order the husband (respondent) to provide monthly Maintenance to the wife if she’s unable to support herself.
- Exceptions include cases where the husband cannot support, and if the wife lives in adultery or separates without sufficient reason.
- Mutual consent separation also bars the wife from maintenance.
- The court must ensure the husband’s capability and the wife’s financial need.
INTERIM MAINTENANCE (SECTION 125)
- Section 125 of the Criminal Procedure Code provides for interim maintenance during ongoing court proceedings.
- The magistrate can adjust the maintenance amount based on changing circumstances.
MAINTENANCE GRANTS : A SOCIAL JUSTICE METRIC
- Maintenance grants are rooted in social justice.
- A person’s fundamental obligation is to provide for their wife, children, parents, and close relatives when they cannot support themselves.
- The concept aims to prevent immorality and poverty, especially among women and children.
- Compliance with this moral duty is both legal and binding.
UNIVERSAL APPLICABILITY ACROSS COMMUNITIES
- The provisions of the Criminal Procedure Code (CrPC), including Section 125, apply to all communities in India.
- These provisions are secular, safe, and inclusive, covering all faiths, castes, and creeds.
- While different personal laws may guide individuals, Section 125’s procedures are summary and apply universally.
- Other religions have their own civil processes for seeking maintenance.
CHAPTER IX OF CrPC : PROTECTING NEGLECTED DEPENDENTS
- Chapter IX of the CrPC shields neglected wives, parents, and minor children from destitution.
- Section 125 offers a swift remedy to prevent famine and social unrest.
- It distinguishes itself from a husband’s civil liability and operates as a summary procedure.
- It enforces a man’s fundamental obligation to support self-supporting family members.
CORE TENET OF MAINTENANCE (SECTION 125)
- The fundamental tenet is that no wife, children, or elderly parents should suffer, want or resort to crimes.
- A First-Class Magistrate can act swiftly to prevent poverty under Section 125.
PURPOSE
- The purpose is to protect dependents who cannot support themselves from starvation, misery, and vagrancy.
- It’s a social justice legislation, specifically safeguarding women, children, and elderly parents.
- The Magistrate’s role is preventive rather than punitive.
SIMPLIFIED RELIEF AND AVOID LENGTHY LITIGATION
- Section 125 offers a simpler, quicker remedy than the cumbersome civil law process.
- It compels those responsible for dependents to fulfill their duty, avoiding prolonged litigation.
NEGLECT AND REFUSAL TO PROVIDE MAINTENANCE
- ‘Neglect’ refers to a disregard of responsibility, whether intentional or unintentional.
- ‘Refusal’ is clear intent not to fulfill obligations, expressed or implied by behavior.
- The claimant bears the burden of establishing this.
- Initially, the wife must live with her husband, but exceptions exist based on valid reasons.
QUANTUM OF MAINTENANCE
- Before Amendment Act No. 50 of 2001, the magistrate’s maintenance grant could not exceed Rs. 500.
- There’s no maximum capacity ; it depends on the circumstances.
- Rates can occasionally change under Section 127 but should be fixed and predictable.
- Separate claims for wife and child if both sue the same individual.
SCOPE OF REVISION
- In cases against husbands, the court decides maintenance based on circumstances.
- If the husband is dissatisfied, the legal recourse is revision proceedings.
- The High Court or Sessions Judge can call for the examination of records.
- Revision does not apply to interlocutory orders in trial proceedings.
JURISDICTION : SECTION 126
Applicants can submit maintenance applications based on convenience –
- Applicant’s residence or place of business.
- Respondent’s residence or principal place of business.
- The last shared residence.
- Where the respondent works or maintains a business.
Multiple jurisdictions allow ease of application and effective enforcement.
ARRANGEMENT OR TERMINATION OF ALLOWANCES : SECTION 127
- Section 127 allows changing or terminating maintenance based on changing circumstances.
- The magistrate can also modify orders based on civil court decisions.
- Maintenance order may be revoked in specific situations, such as remarriage or full payment.
ENFORCEMENT OF MAINTENANCE ORDER : SECTION 128
- If the ordered person fails to comply without good reason, the magistrate may issue a collection warrant.
- The offender can be held in custody for up to one month or until the debt is paid.
- Magistrates in relevant locations can enforce such orders.
CONCLUSION
- These provisions, though civil in nature, offer quicker and more cost-effective remedies than civil courts.
- They aim to prevent destitution, vagrancy, and crime among neglected dependents.
- Section 125’s primary goal is to prevent starvation and vagrancy leading to criminal activities.
Reference:
1-https://www.thehindu.com/news/national/plea-to-strike-down-sec-125-on-maintenance/article29336552.ece/amp/ -THE HINDU
2-https://m.timesofindia.com/topic/section-125-of-crpc -THE TIMES OF INDIA
3-https://indianexpress.com/article/cities/mumbai/parents-in-law-entitled-maintenance-widowed-daughter-in-law-section-125-crpc-bombay-hc-8564909/lite/ -THE INDIAN EXPRESS
4-https://m.economictimes.com/news/politics-and-nation/right-to-maintainance-of-a-wife-absolute-section-125-of-crpc-applicable-on-divorced-women/articleshow/46830583.cms -THE ECONOMIC TIME
