Short Essay on Maintenance – CrPC Section 125 – The Code of Criminal Procedure under section 125 talks about the maintenance. A duty has been cast to every individual to maintain not only his wife, but also his children and parents, provided they are unable to maintain themselves.
In case of children, both legitimate and illegitimate, are entitled to monthly allowance till they attain majority. Further, if the child after attaining majority is unable to maintain him due to some mental or physical illness or injury, is entitled to maintenance by his father.
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Similarly, the husband must provide for a wife until she remarries, or finds some resource from which she can support herself. Under this provision, even a Muslim wife would be entitled to claim maintenance, even if she is not entitled for the same under Mohammedan law.
The biggest drawback of this law was that the amount of maintenance that could be granted under this particular section, could not exceed Rs. 500 per person, but this defect has been done away with by 2001 Amendment Act, and now the amount of maintenance is determined by the court graduating the, status etc., of the applicant. The object of this provision is to compel a man to perform the moral obligation, which he owes to society in respect of his wife, children and also parents.
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