Bailabel Type : bailable

Description

Description:
Section 125 of the Criminal Procedure Code (CrPC) allows a wife, children, and parents to seek maintenance (financial support) from a person who has neglected or refused to provide for them. This provision is intended to protect those who are unable to support themselves and are dependent on someone else for sustenance.

Key Elements of Section 125:

1. Wife:

   • A wife who is unable to maintain herself can file for maintenance. However, if the wife is living in adultery or has remarried, she may not be entitled to maintenance.

2. Children:

   • Children (including illegitimate children) who are minors, or children who are unable to maintain themselves due to illness or incapacity, can claim maintenance from their father.
   • This provision ensures that the father is responsible for the upbringing of his children, especially in cases of divorce or separation.

3. Parents:

   • If the parents are unable to maintain themselves, they can seek maintenance from their children, provided the child has sufficient means to support them.

4. Application for Maintenance:

   • The dependent (wife, children, or parents) can file an application in the court to seek maintenance from the person who is legally liable to support them.
   • The court, after hearing both parties, may pass an order for monthly maintenance.

5. Liability to Pay:

   • The person who is required to pay maintenance should have the means to do so. If they have the financial capacity to support the dependent but refuse or neglect to do so, they can be ordered to pay maintenance.

6. Amount of Maintenance:

   • The amount of maintenance is determined by the court, considering factors such as the income and financial status of the person from whom maintenance is sought, as well as the needs of the person seeking maintenance.

7. Enforcement:

   • If the person liable to pay maintenance refuses to comply with the court order, the court can use legal measures to enforce the payment, including attaching property, salary, or other assets.

Punishment

Punishment and Consequences:

• Failure to Pay Maintenance:
  If the person ordered to pay maintenance refuses or neglects to do so, the court can enforce the order. Non-compliance can result in imprisonment for a term that may extend up to one month or until the maintenance is paid, whichever is earlier.

• Order for Maintenance: The court has the authority to grant maintenance, which is typically paid monthly. The amount may vary based on the individual's means and the needs of the person seeking maintenance.