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
(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
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
(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
(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
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
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