CRPC Assignment

CHAPTER IX OF THE CODE OF CRIMINAL
PROCEDURE(CrPc) deals with:

ORDER FOR MAINTENANCE OF WIVES,CHILDREN
AND PARENTS.
The whole concept of maintenance was introduced in order to see that if
there is a spouse who is not independent financially than the other
spouse should help him/her in order to make the living of the other
person possible and independent.
Providing maintenance means that the other person who is getting the
maintenance should be able to live the life as he or she lived before
marriage in case of divorce and in case where the two partners are not
living together and they seek maintenance than the spouse getting
maintenance should be able to live a life as when they lived together.
Maintenance is the amount which a husband is under an obligation to

make to a wife either during the subsistence of the marriage or upon
separation or divorce, under certain circumstances.
the main aim of providing maintenance is that the wife should not be
left destitute on separation or divorce from her husband.
The most important aspect of maintenance is that the party which relies
on maintenance has no independent source of income to support
himself/herself. The main point we have to focus on in independent
income.
Should the spouse who is claiming maintenance have movable or

immovable property, the spouses can still claim maintenance if the
property does not yield any income.
Maintenance of wife under the Section 125
of CrPC:
Under CrPC, only wife (a woman who has been divorced by or has
obtained divorce from her husband & hasn’t remarried) can claim for
maintenance.
A wife who refuses to stay with her husband due to legal grounds such
as (bigamy, cruelty & adultery) has the right to special allowance under
this act.
But a wife does not possess right to claim maintenance if she’s living in
adultery or she’s living separately by mutual consent.
The various sections of CrPC are criminal in nature and are used for the
criminal charges. The Section 125 of the CrPC states the provisions as
follows:
“125 Order for maintenance of wives, children and parents.
(1) If any person leaving sufficient means neglects or refuses to

maintain-
(a) His wife, unable to maintain herself, or
(b) His legitimate or illegitimate minor child, whether married or not,

unable to maintain itself, or
(c) His legitimate or illegitimate child (not being a married daughter) who
has attained majority, where such child is, by reason of any physical or
mental abnormality or injury unable to maintain itself,or,
(d) His father or mother, unable to maintain himself or herself"

Sec.126.PROCEDURE-
Proceedings under sec.125 may be taken against any person in any

district-
(a)Where he is, or
(b) Where he or his wife resides,or
(c)Where he last resided with his wife, or as the case may be, with
the mother of the illegitimate child.
2. all evidence to such proceedings shall be taken in the

presence of the person against whom n order for payment of
maintenance is proposed to be made, or, when his personal
attendance is dispensed with in the presence of his pleader(the
one who saves).
Sec.127. ALTERATION IN ALLOWANCES
A monthly allowance for the maintenance or interim

maintenance, or ordered under the same section to pay a
monthly allowance for the maintenance, or interim
maintenance, to his wife, child, father or mother, as the case
may be, the Magistrate may make such alteration, as he thinks
fit, in the allowance for the maintenance or the interim
maintenance.
Where it appears to the Magistrate that, in consequence of any
decision of a competent Civil Court, should be cancelled or
varied, he shall cancel the order, or as the case may be.
Where any order has been made in favour of a woman who has
been divorced by, or has obtained a divorce from, her husband,
the magistrate shall, if he is satisfied that-
(a)The woman has, after the date of such divorce, remarried,
cancel such order as from the date of remarriage;
(b) The woman has been divorced by her husband and that
she has received, whether before or after the date of the
said order, the whole of the sum which, under any
customary or personal law applicable to the parties.
Sec.128.Enforcement of order of maintenance
A copy of order of maintenance or interim maintenance and expense

of proceedings, as the case may be shall be given without payment
to the person in whose favour it is made, or to his guardian, if any, or
to the person to whom allowance for the maintenance or the
allowance for interim maintenance and the expenses of proceedings
is to be paid, and such order may be enforced by any Magistrate in
any place where the person against whom it is made may be, on such
Magistrate being satisfied as to the identity of the parties and the
non-payment of the allowance, or the case may be, expenses due.
MAINTENANCE UNDER HINDU LAW
The right of maintenance under Hindu law is very old and it was one of
the basic necessities of the joint family system. Section 24 provides of
Hindu Marriage Act, (HMA) 1955 provides for maintenance. Under this
Act also, only a wife has a right to claim maintenance. The Hindu
husband has a legal obligation to maintain his wife during his
lifetime. Wife can claim separate residence only if husband remarries and
the other wife stays in the same house.
Maintenance of Wife under Section 18, the Hindu Adoptions and

Maintenance Act, 1956
Under the section 18(1) of the HAMA, 1956 wife is entitled to

maintenance by her husband for lifetime i.e. she will be given
maintenance until she dies or her husband dies. Under section 18 of this
Act a Hindu wife is entitled to live separately from her husband without
cancelling her right to claim maintenance. The grounds under which she
can live separately are:-
(1) Husband is guilty of desertion
(2) The Husband has treated her with cruelty
(3) The husband is suffering from a virulent form of leprosy
(4)The husband has any other wife living.
(5) The husband keeps a concubine elsewhere
(6) The Husband has ceased to be a Hindu by conversion to another

religion and
(7) If there is any other cause justifying living separately

Maintenance under Muslim Law
Muslim Law passively considers male to be superior to the woman. It is
believed that a man can take care of himself whereas the woman cannot,
in other words it is deduced that a woman cannot be self-reliant.
Hence, in Muslim law the wife has been bestowed with an absolute right
to be maintained and the husband is bound to maintain her regardless
of the fact whether she’s poor or not.
Wife’s right to maintenance is a debt against the husband. In Muslim

law, wife is preferred over all the other persons. However, the woman’s
right and husband’s obligation exists only if the wife remains faithful to
her husband and obeys all his reasonable orders.
Nonetheless, the wife does not lose the right to maintenance if she
refuses access to her husband on legal grounds such as her illness or if
the marriage cannot be consummated i.e. cannot be concluded by the
sexual intercourse because of her old age, illness, his minority or faulty
organ.
However if the wife being too young for sexual intercourse, lives with
her parents, she does not possess any right for maintenance. The wife
also possess the right to claim maintenance on the account of a
pre/ante- nuptial agreement i.e. maintenance in the event of ill
treatment.
Along with this, the wife also gets the privilege of being entitled to a
special allowance called Kharch-i-pandan, guzara under such agreement.
Muslim law provides provisions for the right to maintenance if the wife
stays separately due to cruel behaviour or non-payment of prompt
dower. But a wife cannot claim any maintenance during widowhood or
Iddat because of her entitlement to inheritance.
Maintenance under Muslim Law in comparison with
Hindu law
A Hindu woman is more privileged than Muslim women according to
me. I am saying it on the basis that a Hindu woman is entitled to
maintenance by her husband throughout her life but in case of Muslim
women she is entitled to maintenance by her husband only during the
Iddat period.
The judiciary tried to provide women of both communities with equal

opportunities and rights. Hindu women can ask for award of
maintenance under section 125 of the CrPC but in case of a Muslim
women she can file a case under the same but will be awarded
maintenance under this act only if the husband recognizes this in a way.
Conclusion
I feel that the Hindu law is much more clearly defined and gives much
more rights to women in comparison to the Muslim law. If we read the
Shah Bano case we could see that the Muslim and the Hindu women
were on the same side. But latter when the government passed The
Muslim Women (Protection of Rights on Divorce) Act, 1986 the Muslim
women were again seen to be more unprivileged than the Hindu
women.
It can be concluded that Law of maintenance with no doubts is inclined

towards the females in both the structures whether it be Hindu Law or
Muslim Law.
Women have been bestowed with many more privileges in comparison

to men and husbands have been granted a lot more of responsibilities
and obligations.
Although the given laws may sound unjust to a few but pragmatically
they seem to be correct as in our country even till date women do not
have the social status equal to that of men.
Hence, it won’t be incorrect to extrapolate that Law makers while

formulating these provisions must have kept in mind the situation of the
women in the patriarchal society of India.
The women of both the communities are suffering due to being poor,
being women and then being a part of the patriarchy society.

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CHAPTER IX OF THE CODE OF CRIMINAL

PROCEDURE(CrPc) deals with:

Maintenance is the amount which a husband is under an obligation to

Should the spouse who is claiming maintenance have movable or

“125 Order for maintenance of wives, children and parents.

(1) If any person leaving sufficient means neglects or refuses to

(a) His wife, unable to maintain herself, or

(b) His legitimate or illegitimate minor child, whether married or not,

(d) His father or mother, unable to maintain himself or herself"

Proceedings under sec.125 may be taken against any person in any

2. all evidence to such proceedings shall be taken in the

Sec.127. ALTERATION IN ALLOWANCES

A monthly allowance for the maintenance or interim

Sec.128.Enforcement of order of maintenance

A copy of order of maintenance or interim maintenance and expense

Maintenance of Wife under Section 18, the Hindu Adoptions and

Under the section 18(1) of the HAMA, 1956 wife is entitled to

(1) Husband is guilty of desertion

(2) The Husband has treated her with cruelty

(3) The husband is suffering from a virulent form of leprosy

(4)The husband has any other wife living.

(5) The husband keeps a concubine elsewhere

(6) The Husband has ceased to be a Hindu by conversion to another

(7) If there is any other cause justifying living separately

Wife’s right to maintenance is a debt against the husband. In Muslim

The judiciary tried to provide women of both communities with equal

It can be concluded that Law of maintenance with no doubts is inclined

Women have been bestowed with many more privileges in comparison

Hence, it won’t be incorrect to extrapolate that Law makers while

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