Maintenance Under CRPC

Chapter IX Cr.P.C.
Some of the laws applicable to the matters of maintenance to wives, parents,

sons, daughters and other dependents and the Acts covered within the
jurisdiction of the Family Courts are the following.
Family Courts Act, 1984

Hindu Adoptions And Maintenance Act, 1956
Protection of Women From Domestic Violence Act, 2005
Protection of Women From Domestic Violence Rules, 2006
Hindu Marriage Act, 1955
Muslim Women (Protection of Rights on Divorce) Act, 1986
Muslim Women (Protection of Rights on Divorce) Rules, 1986
Maintenance And Welfare of Parents And Senior Citizens Act, 2007
Maintenance Orders Enforcement Act, 1921
Special Marriage Act, 1954
Divorce Act, 1869
Under Section 125, any of the following persons can claim maintenance.
Wife
A woman is considered as the “wife” only if her marriage to the man is legally valid.
For Hindus, a legally valid marriage requires that:
both parties are Hindus,

the marriage is performed in accordance with customary rites of the parties,
neither party has a living spouse at the time of marriage,
neither party is of unsound mind at the time of marriage,
the male is at least 21 years old,
the female is at least 18 years old and
both parties are not related by sapinda or within prohibited degrees of relationships.
For Hindus, the second wife cannot claim maintenance because a second marriage is forbidden by law
and is not recognised as being valid. The second wife is entitled to claim maintenance only if the
husband concealed his first marriage from her.
For Muslims, a legally valid marriage requires that:
both parties are Muslims of sound mind

both parties have attained puberty (presumed at the age of 15),
both parties consent to the marriage,
the parties are not temporarily or permanently prohibited from marrying each other,
the woman is not married to another man or observing iddat for another man,
a proposal (ijab) is made,
an acceptance of the proposal (qubul) is made,
both proposal and acceptance are made at the same occasion and signify the
establishment of marriage with the immediate effect,
the proposal and acceptance are not repugnant to the Shariat,
the proposal and acceptance are witnessed by two men or a man and two women who
are Muslim adults of sound mind, know the bride and groom with certainty and
understand the proposal and acceptance.
Live-in relationships are presumed to be a marriage. The wife who
lives separately without sufficient reasons or due to personal mutual
agreement cannot claim maintenance. “Wife” includes a divorced
woman, but she must not be remarried on the date that she files an
application for maintenance. A divorced Muslim wife can claim
maintenance even if the iddat period has passed, but she must not be
remarried. The age of the wife is irrelevant in claims of maintenance
– she may be a minor or a major. Additionally, the wife must not be
living in adultery.
Child
Male and female children, irrespective of whether they are born inside or
outside the legally valid marriage of the father and mother, can claim
maintenance. They must be minors to claim maintenance. They may be
married or unmarried.
Adult children can claim maintenance from their parents only if they have a
physical or mental abnormality that makes them unable to maintain
themselves. An adult unmarried daughter can claim maintenance from her
parents.
Married minor girls can claim maintenance from their parents till they turn 18
if their husbands do not have sufficient means to maintain them. However,
married adult girls cannot claim maintenance from the parents.
Mother and Father
Both the mother and the father, whether natural or adoptive, can claim
maintenance from any one or more of their children. Daughters are also liable to
pay maintenance to the mother and the father. A step-mother can claim
maintenance only if she is a widow and does not have natural-born sons or
daughters.
Conditions for Granting Maintenance:
Person from whom maintenance is claimed must have the ability to pay maintenance.
Ability means being employed, owning land, having a source of income or having a
healthy body capable of work.
The person must have neglected the claimant or refused to pay maintenance.
Persons claiming maintenance must be unable to maintain themselves. If a person is
healthy, adequately educated or capable of pursuing gainful employment no
maintenance is given. Wives and elderly parents are generally given maintenance. The
mere fact that the wife is earning does not disentitle her from claiming maintenance.
The question is whether she is able to maintain the same standard of living that
subsisted prior to the neglect or divorce with her own earnings without having to
depend on another.
What is the Amount of Maintenance that can be given?
Maintenance orders under Section 125 can be heard only by the Judicial
Magistrate of First Class. Court can order a monthly allowance of
maintenance that it deems just and fair. This is usually decided after
considering the income of the person, the standard of living that is consistent
with the status of the claimant and the separate earnings, if any, of the
claimant. The maintenance must aid in ensuring the same standard of living
for the claimant. It must neither be so plentiful that it tempts the claimant to
rely solely on maintenance nor so pitiful that it pushes the claimant into
vagrancy or a lower standard of living.
Maintenance is payable either from the date of order of payment or from
the date of application for maintenance, depending on the court’s
judgment of the cooperation and decent behaviour demonstrated by the
parties.
A second application of maintenance is allowed under Section 125 and the

quantum of maintenance can be enhanced with passage of time or change
in material circumstances and prices.
Where Can Maintenance Proceedings be Filed?
A wife can file maintenance proceedings in any place where :
husband resides; or
wife resides; or
husband is physically present at the particular point of time; or
husband last resided with wife.
Parents can file maintenance proceedings in any place where :
they reside; or
the child resides.
Enforcement of Maintenance Order
After a maintenance order is passed, a copy of the order must be supplied to

the claimant free of cost. The person who is ordered to pay maintenance
must obey the court order. The failure to pay maintenance without sufficient
reason will result in a court warrant for collecting the amount due. The court
warrant can attach any immovable property or salary of the person. If the
person does not pay maintenance even after the warrant is executed, the
person is liable to imprisonment for a maximum of 1 month or until the
amount is paid, whichever is earlier. The application for enforcement of
maintenance must be filed within 1 year from the date on which it became
due. Otherwise the application will be dismissed.

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Chapter IX Cr.P.C.

Some of the laws applicable to the matters of maintenance to wives, parents,

Family Courts Act, 1984

For Hindus, a legally valid marriage requires that:

both parties are Hindus,

both parties are Muslims of sound mind

A second application of maintenance is allowed under Section 125 and the

A wife can file maintenance proceedings in any place where :

After a maintenance order is passed, a copy of the order must be supplied to

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