Claim Maintenance under Section 125 of the Code of Criminal Procedure (Cr.P.C.) is a legal provision to prevent destitution and ensure financial support for dependents who cannot maintain themselves. This section provides a remedy for individuals with a rightful claim for sustenance, ensuring they are not left without basic necessities due to financial neglect. The objective is to provide immediate relief without delving into complex matrimonial issues.
Relevant Legal Provisions and Interpretation
Text of Section 125 Cr.P.C.
Section 125 of the Code of Criminal Procedure, 1973 states:
- 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 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 such wife, child, father, or mother. - The order remains in effect until modified or cancelled by the Magistrate.
- The maintenance amount is determined by considering the financial capacity of the person liable and the claimant’s standard of living.
- Non-compliance with the maintenance order can result in imprisonment for up to one month or until payment is made.
Who Can Claim Maintenance Under Section 125 Cr.P.C.?
Wife
A legally wedded wife can claim maintenance from her husband if she cannot maintain herself. The term “wife” includes:
A wife who has been abandoned or neglected by her husband.
- A divorced wife, provided she has not remarried (Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945).
- A wife living separately due to reasonable cause, such as cruelty or desertion.
- A woman who has undergone a void or voidable marriage, provided she was unaware of the invalidity at the time of marriage (Badshah v. Urmila Badshah Godse, AIR 2014 SC 869).
However, a wife is not entitled to maintenance if:
- She is living in adultery.
- She has refused to live with her husband without sufficient cause.
- She has voluntarily relinquished her right to maintenance.
Children
- Both legitimate and illegitimate children are entitled to maintenance. Key conditions include:
- A minor child (below 18 years) who cannot maintain themselves.
- A married daughter if she has no independent source of income (Vimla v. Rukmini, AIR 1979 SC 1867).
- An adult child only if suffering from a physical or mental disability preventing self-sustenance.
Parents
- A father or mother (including adoptive parents) can claim maintenance if they are unable to maintain themselves.
- The obligation extends to both sons and daughters.
Conditions for Granting Maintenance
For a successful claim under Section 125 Cr.P.C., the following conditions must be met:
- Inability to Maintain Oneself – The claimant must prove financial hardship and an inability to support themselves.
- Neglect or Refusal to Maintain— The person against whom maintenance is claimed must have neglected or refused to provide it.
- Sufficient Means of the Respondent – The respondent must have sufficient means to provide maintenance.
- Reasonable Grounds for Living Separately—A wife must establish valid grounds for separation, such as cruelty, desertion, or dowry harassment.
Quantum of Maintenance and Determining Factors
The amount of maintenance is determined based on:
- The standard of living of the claimant.
- The financial capacity and liabilities of the respondent.
- Basic needs include food, clothing, shelter, and medical expenses.
- Inflation and cost-of-living adjustments.
- There is no fixed formula, and courts use discretion to decide the appropriate amount (Bhuwan Mohan Singh v. Meena, AIR 2014 SC 2875).
Legal Proceedings and Enforcement
- Filing the Application – A petition can be filed before a Judicial Magistrate First Class within the jurisdiction where the claimant resides.
- Interim Maintenance – The court may grant interim maintenance during the pendency of proceedings.
- Final Order – The Magistrate may order monthly maintenance after evaluating evidence.
- Non-Compliance— If the respondent fails to pay, the court may issue a warrant for recovery or impose imprisonment for up to one month.
Defences Against Maintenance Claims
- The claimant has sufficient means to support themselves.
- The wife is living in adultery.
- False allegations of neglect.
- The claimant voluntarily relinquished their right to maintenance.
Conclusion
Section 125 Cr.P.C. is an essential legal safeguard to prevent destitution and ensure social justice. It provides immediate financial relief without delving into matrimonial complexities. The provision ensures that dependents are not financially distressed due to neglect. However, the courts carefully evaluate claims to prevent misuse of the law while upholding justice.