Maintenance of Wives, Children and Parents
The Code of Criminal Procedure provides for the maintenance of wives, children, and parents under various sections. These provisions aim to provide support to the dependents of an individual who is unable to provide for them financially.
Section 125 of the CrPC deals with the maintenance of wives, children, and parents. According to this section, if any person neglects or refuses to maintain his wife, child, or aged parent, the Magistrate may, upon proof of such neglect or refusal, order the person to make a monthly allowance for the maintenance of his wife or such child or parent, at such monthly rate as the Magistrate thinks fit.
Section 126 of the CrPC deals with the procedure for claiming maintenance. The section provides that an application for maintenance may be made by the wife, child, or parent, and the Magistrate shall summon the person against whom the application is made and proceed to hear the case.
Section 127 of the CrPC deals with the alteration of the allowance. According to this section, if there is a change in the circumstances of either party, the Magistrate may alter the allowance as he thinks fit.
Section 128 of the CrPC deals with the enforcement of the allowance. According to this section, if any person fails to comply with the order of the Magistrate, the Magistrate may issue a warrant for the levy of the amount due, or may order the person to be detained in the civil prison for a term not exceeding one month.
Key Points to keep in mind regarding Maintenance under CrPC:
- The provision for maintenance under Section 125 of the CrPC is applicable to all religions and is gender-neutral.
- A wife who is unable to maintain herself, either because she has no means of income or because her husband has neglected or refused to maintain her, is entitled to claim maintenance.
- A legitimate or illegitimate child, whether major or minor, can also claim maintenance from his or her father if the father has sufficient means and neglects or refuses to maintain the child.
- Even parents who are unable to maintain themselves can claim maintenance from their children if the children have sufficient means.
- The proceedings for maintenance under Section 125 of the CrPC are summary in nature, which means that they are designed to be disposed of quickly and with a minimum of formality.
- Maintenance awarded under Section 125 of the CrPC is a statutory right, and the order for maintenance can be enforced by the court by various means, such as attachment of property or salary.
- In case of non-compliance with the order for maintenance, the person who has been awarded maintenance can file an application for the issuance of a warrant for the arrest of the person who has failed to comply with the order.
