Maintenance Under Section 125 CrPC

Section 125 of the Criminal Procedure Code (CrPC) provides a legal remedy for wives, children, and parents who are unable to maintain themselves. This provision ensures that a person with sufficient means cannot deny support to dependents. Here’s everything you need to know about maintenance under section 125 crpc.

The Importance of Sec 125 CrPC in Safeguarding Dependents

Understanding Section 125 CrPC

• A magistrate grants monthly maintenance when a wife, child, or parent cannot support themselves due to physical or mental infirmity.
• This law ensures basic financial support and applies across all religions and personal laws.

Who Can Claim Maintenance Under Section 125 CrPC

Wife

• A wife claims maintenance when her husband refuses to support her.
• A divorced woman who has not remarried also receives the right to maintenance.

Child

• A parent can claim maintenance for minor children, whether legitimate or illegitimate.
• Children with physical or mental disabilities receive support even after attaining adulthood.

Parents

• Elderly parents request maintenance from their children when they cannot support themselves.
• Adoptive parents also receive the right to claim maintenance.

Documents Required

To claim maintenance, specific documents must be submitted in court:

• Residence proof
• Identity proof (Aadhaar card, voter ID)
• Marriage certificate or proof of marriage
• Birth certificate of the child (if applicable)
• Proof of income of the husband (salary slips, IT returns)
• Proof of wife’s financial status

Court Process

The process begins by filing a petition in the local Magistrate’s Court under Section 125 CrPC. The petitioner must clearly state the facts of neglect and the financial needs.

After filing, the court issues a notice to the husband. Both parties present evidence and witnesses. The court may grant interim maintenance during the proceedings. After hearing both sides, the judge decides the final maintenance amount and issues an order.

Conclusion

Section 125 CrPC is a crucial protection for wives and children abandoned or neglected by the husband. The process is simple but needs clarity and correct documentation. Seeking legal advice can help streamline the petition and increase the chances of favorable judgment.

Legal maintenance is not charity. It is a right ensured by law for survival and dignity.

For expert legal assistance, choose Bharat ki Adalat Law Firm, where Advocate Sagar Sharma will help and guide you.

Contact Us: 9999019695

Website: https://advocatesagarsharma.com

Address: Adv Sagar Sharma Law Office Near Badami House Sector -1 Bisrakh Greater Noida West Uttar Pradesh