What is Order for maintenance of wives, children and parents? What is procedure for proceedings for maintenance? Section 125 and 126 of Code of Criminal Procedure 1973

 

 

Order for maintenance of wives, children & parents and procedure are defined under Section 125 and 126 of CRPC 1973. Provisions under these sections are:

 

 Section 125 of CRPC "Order for maintenance of wives, children and parents"

(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.

Explanation.- For the purposes of this Chapter, -

(a) "minor" means a person who, under the provisions of the Indian Majority Act, 1875( 9 of 1875) is deemed not to have attained his majority;

(b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is a just ground for so doing.

Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.

(4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

Section 126 of CRPC "Procedure"

(1) Proceedings under section 125 may be taken against any person in any district-

(a) where he is, or

(b) where he or his wife resides, or

(c) where he last resided with his wife, or as the case may be, with the mother of the
illegitimate child.

(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases:

Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.

(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just.

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

What is Order for maintenance of wives, children and parents? Section 125 of Code of Criminal Procedure 1973

What Alteration in allowance? What is Enforcement of order of maintenance? Section 127 and 128 of Code of Criminal Procedure 1973

MAINTENANCE OF PUBLIC ORDER AND TRANQUILITY
What Dispersal of assembly by use of civil force? What is Use of armed forces to disperse assembly? Section 129 and 130 of Code of Criminal Procedure 1973

What is Power of certain armed force officers to disperse assembly? What is Protection against prosecution for acts done under preceding sections? Section 131 and 132 of Code of Criminal Procedure 1973

What is Conditional order for removal of nuisance? Section 133 of Code of Criminal Procedure 1973

What is Service or notification of order? Person to whom order is addressed to obey or show cause? What is the consequences of his failing to do so? Section 134, 135 and 136 of Code of Criminal Procedure 1973

What is Procedure where existence of public right is denied? Procedure where he appears to show cause? Power of Magistrate to direct local investigation and examination of an expert? Section 137, 138 and 139 of Code of Criminal Procedure 1973

What is Power of Magistrate to furnish written instructions, etc? What are the procedure on order being made absolute and consequences of disobedience? What is injunction pending inquiry? Section 140, 141 and 142 of Code of Criminal Procedure 1973

What is Magistrate may prohibit repetition or continuance of public nuisance? Power to issue order in urgent cases of nuisance or apprehended danger? Section 143 and 144 of Code of Criminal Procedure 1973

 
 

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