MAINTENANCE OF PARENTS, WIFE AND CHILDREN
Section 125 to 128 of CrPC make provisions for maintenance of wives, children and parents. It is a natural and fundamental duty of every person to maintain his parents, wife and children so long as they are not able to maintain themselves.
In the cases below, the courts provided some revolutionary judgments.
Nanak Chand v Chandra Kishore AIR 1970
In this case Hon’ble Supreme Court held that provisions of this chapter apply whatever may be the personal law by which the parties are governed.
Mohd. Ahmad Khan v Shah Bano Begum (1985) SC
In this case Hon’ble SC held that Section 125 is secular in nature which means it is applicable to all irrespective of their religion.
After this revolutionary judgement of the Supreme Court, which was truly intended to protect the interest of muslim women, the muslim community opposed this judgement.
Therefore Parliament passed a Muslim Women’s (Protection of Rights on Divorce) Act, 1986.
It provided remedies to muslim women. This new Act allows a muslim woman to avail the remedy available under section 125 CrPC only if the husband’s consents to it. (more about it in simpler words in Section 5 of the above act.)
Daniel Latifi v Union of India
In this case court held that wife can claim maintenance under Section 125 CrPC EVEN WITHOUT CONSENT OF THE HUSBAND.
Kongine Bala v Vishalashy Sadasivan (1986)
In this case Kerala HC also cleared that divorced wife includes divorced by mutual consent which means a wife who is divorced by mutual consent is entitled to get maintenance under section 125 CrPC.
According to section 125 of CrPC, a person having sufficient means is bound to maintain-
a) Wife (unable to maintain herself)
b) His legitimate or illegitimate minor child, whether married or not (unable to maintain himself/herself)
c) His legitimate or illegitimate child (not a married daughter) who has attained majority, if child is physically or mentally abnormal or having any injury by which he/she is unable to maintain himself/herself.
d) His father or mother (unable to maintain himself/herself)
The magistrate of 1st class is empowered to make any order of maintenance for those persons who are mentioned above.
According to Clause 2 of Section 125, the maintenance or interim maintenance shall be payable from the date of the order or if it is mentioned from the date of application.
The Muta Wife is also entitled for maintenance.
*Minor includes below 18.
*Wife includes divorced wife. (as mentioned in the last case above)
According to clause 3 of section 125 if any person who is ordered to maintain, fails without sufficient reason, the magistrate may issue a warrant for levying the amount due. If the amount is unpaid after the execution of warrant there is a provision of imprisonment for a term extend to 1 month or until payment, if sooner made.
Clause 4 of Section 125 provides that wife is not entitled for the maintenance or interim maintenance if-
1) She is living in adultery.
2) Without sufficient reason she refuse to live with her husband.
3) Husband and wife are living separately by mutual consent.
Under this section the claimant person are entitles for interim maintenance and expenses of proceedings.