Section 125 of the Criminal Procedure Code (CrPC)
Meaning and Scope
Section 125 of the Criminal Procedure Code (CrPC) in India provides for maintenance to be paid to wives, children, and parents who are unable to maintain themselves. This section allows a woman or a child to file an application before a magistrate, seeking maintenance from the person responsible for their welfare.
Applicability
The following situations may call for invoking section 125 CrPC:
- When a husband refuses to maintain his wife or children.
- When parents are unable to maintain themselves and are dependent on their children.
- When a wife is unable to maintain herself and has no means of income or support from her husband.
- When a divorced wife is unable to maintain herself.
- When a minor child is unable to maintain themselves and is dependent on their parents.
Legal Recourse
If a man neglects or refuses to maintain his wife, children or parents, a case can be filed under Section 125 of the CRPC. The woman or child seeking maintenance needs to provide evidence to support their claim that they are unable to maintain themselves. The court may then order the man to pay a certain amount of maintenance to the woman or child on a monthly basis.
To approach a lawyer for a maintenance case under Section 125 CrPC, the person seeking maintenance should gather all the relevant documents, including proof of marriage, birth certificates of children, income proof of the husband or father, and any other documents that can support their claim. They can then consult a lawyer who specializes in family law to file the case on their behalf. The lawyer can guide them through the legal process and help them prepare a strong case.
