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Maintenance under Section 125 CrPC
Introduction Maintenance is the term used for the financial support provided by the husband to his wife and children, under certain circumstances, as per the Indian law. Maintenance is provided under different sections of the Indian legal system, such as Section 125 of the Criminal Procedure Code (CrPC), Hindu Adoptions and Maintenance Act (HAMA), Hindu Marriage Act (HMA), and Muslim Women (Protection of Rights on Divorce) Act (MWPRA). Section 125 CrPC Section 125 of the Criminal Procedure Code (CrPC) provides for maintenance for wives, children, and parents. It states that any person who is unable to maintain himself or any person who is a member of his family shall be provided with maintenance by the other person who is capable of maintaining him or her. The person who is unable to maintain himself or his family is referred to as the maintenance applicant, while the other person who is capable of providing maintenance is referred to as the maintenance provider. Under Section 125 CrPC, the maintenance provider is liable to provide maintenance to the maintenance applicant. Maintenance includes food, clothing, and shelter. The maintenance provider is also liable to pay for medical expenses and educational expenses, if any. The amount of maintenance is determined by the Magistrate on the basis of the applicant's income and the income of the maintenance provider. The Magistrate may also consider the age, health, and other financial resources of the applicant when determining the amount of maintenance. Eligibility for Maintenance under Section 125 CrPC Section 125 CrPC provides for maintenance for wives, children, and parents. For a wife to be eligible for maintenance under Section 125 CrPC, she must be legally married to the maintenance provider. Children are eligible for maintenance under Section 125 CrPC if they are under 18 years of age or are unable to maintain themselves due to physical or mental disability. Parents are eligible for maintenance if they are unable to maintain themselves due to old age or physical or mental disability. In order to claim maintenance under Section 125 CrPC, the applicant must file an application in the court of the Magistrate. The application must include the details of the applicant and the maintenance provider, the amount of maintenance sought, and the reasons for seeking maintenance. The Magistrate will then decide whether the maintenance provider is liable to provide maintenance and the amount of maintenance to be paid. Procedure for Maintenance under Section 125 CrPC Once the application for maintenance has been filed, the Magistrate will give notice to the maintenance provider asking him to appear before the court. The Magistrate will then enquire into the facts of the case and determine whether the maintenance provider is liable to provide maintenance to the maintenance applicant. If the Magistrate finds that the maintenance provider is liable to provide maintenance, he will decide the amount of maintenance to be paid and the manner in which it should be paid. The Magistrate may also decide that the maintenance provider should be allowed to pay the amount of maintenance in installments. Conclusion Maintenance is an important concept under Indian law and is provided to those who are unable to maintain themselves or their families. Section 125 of the Criminal Procedure Code (CrPC) provides for maintenance for wives, children, and parents. The amount of maintenance is determined by the Magistrate on the basis of the applicant's income and the income of the maintenance provider. The procedure for claiming maintenance under Section 125 CrPC involves filing an application with the court of the Magistrate and then appearing before the court to determine the amount of maintenance and the manner in which it should be paid.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.