Section 125 CRPC: Maintenance & Interim Maintenance

INTRODUCTION

Sec 125 of the CRPC very clearly states that the person who has sufficient means has the duty to provide maintenance to his dependents, that is, the individuals who are not able to maintain themselves. The provisions under this section make sure that these individuals are provided with financial support. This section empowers the court also to pass an order if the person who has this duty refuses to do so.

WHO HAS THE RIGHT TO CLAIM MAINTENANCE People who can ask for compensation under this section are as follows:

Wife: A wife who cannot maintain herself. She can claim maintenance if her husband refuses or neglects to do so. This includes a divorced wife who hasn’t remarried as well.

Minor Child:This includes minor children also ( legitimate or illegitimate), whether married or unmarried.

Adult Child: Adult legitimate and illegitimate children are also included in this if they are not able to maintain themselves due to physical or mental disability.

Parents: Father or mother unable to maintain themselves.

DUTY OF THE PERSON WHO IS LIABLE

A person with sufficient means has the duty to support his dependants and if he refuses or neglects to do so, the court can order him to pay a monthly allowance, that is, a magistrate can order the person to pay a fixed amount every month based on what he considers reasonable.

INTERIM MAINTENANCE

When a case is under way, the court can order interim maintenance in order to meet immediate financial needs of the person seeking support. This basically is temporary allowance which includes covering costs of legal proceedings as well. In order to ensure speedy relief, the court tries to come to a decision on such applications within 60 days of informing the other party.

DATE OF PAYMENT Maintenance or interim maintenance can be ordered to be paid from:

The date of the application,

The date of the order,

It is upto the Magistrate to decide.

IF THE PERSON REFUSES TO PAY: If the person liable does not follow the order of court without any valid reason, then:

The court is empowered to issue a warrant against the person liable in order to recover the amount.

This can also lead to imprisonment for upto one month or till the time the payment is made.

WHEN IS THE WIFE NOT ENTITLED TO MAINTENANCE:

The wife is not entitled to maintenance:

If she is living in adultery.

If she refuses to live with her husband without any valid reason.

If they are living separately by mutual consent.

MAINTENANCE WILL BE CANCELLED IF:

If the wife is living in adultery or is refusing to live with her husband without any valid reason or they are living separately by mutual consent and this is proved in the court with evidence, then the magistrate can cancel the order.

REFORMS:

The court now takes into consideration the financial status of both the husband and the wife. A wife who is financially independent is also suitable for maintenance if she is struggling financially.

JUDGEMENTS ON THIS MATTER:

Neha Tyagi Vs Lieutenant Colonel Deepak Tyagi (2021): In this case the Supreme court held that it is the responsibility of the father to cover his son’s expenses till the son attains the age of majority . The father cannot let go of this responsibility. The child cannot suffer because of a disagreement between the husband and the wife.

Rajnesh Vs Neha (2020): In this case, the court came up with certain guidelines which include the date from which the maintenance is to be given, covering interim maintenance payment and the amount of maintenance payment.

CONCLUSION:

In conclusion this section, that is, sec 125 is very important as it aims to provide financial support to people who are incapable of maintaining themselves. This section ensures social justice and makes sure that vulnerable family members are not left out.