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Context

• The Supreme Court has decided to examine a plea on whether a divorced Muslim woman can seek maintenance under Section 125 of the Criminal Procedure Code.

Section 125 of the Code of Criminal Procedure (CrPC)

• Section 125 of the Code of Criminal Procedure (CrPC) is a provision in Indian law that deals with the maintenance of wives, children, and parents. It is a measure of social justice aimed at providing financial support to those who are unable to support themselves. Here is all you need to know about Section 125 CrPC:

Objective:

• The primary objective of Section 125 is to prevent vagrancy and destitution by ensuring that those who are entitled to maintenance receive it from their relatives who have the means to provide support.

Applicability:

• The provision applies to various categories of individuals, including wives, legitimate or illegitimate children, and parents who are unable to maintain themselves.

Criteria for Maintenance:

• To be eligible for maintenance under Section 125, the person claiming maintenance must demonstrate that the respondent (the person from whom maintenance is sought) has neglected or refused to provide support despite having the means to do so.

Scope of Maintenance:

• The maintenance awarded under this section includes provisions for food, clothing, residence, and other necessities of life.

Procedure:

• An application for maintenance under Section 125 can be filed before a Magistrate. The Magistrate has the authority to order the payment of a monthly allowance to the applicant after considering the financial status of both the applicant and the respondent.

Enforcement:

• If the respondent fails to comply with the Magistrate's order to pay maintenance, the Magistrate may enforce the order by issuing a warrant for the attachment of the respondent's property or by other means.

Modification and Cancellation:

• The Magistrate has the authority to modify or cancel the maintenance order based on changed circumstances or other reasons.

Non-Applicability:

• Section 125 does not apply to Muslims who are governed by the Muslim Personal Law and have specific provisions for maintenance under Muslim law.

Constitutional Validity:

• The Supreme Court has upheld the constitutionality of Section 125, stating that it is a measure of social justice and falls within the Constitutional sweep of Article 15(3) and Article 39 of the Constitution of India.
• In conclusion, Section 125 of the CrPC plays a crucial role in providing financial support to those who are in need, ensuring their basic needs are met and preventing destitution.

PRACTICE QUESTION Q. Which of the following statements regarding Section 125 of the Code of Criminal Procedure (CrPC) is/are correct? It deals with maintenance of wives, children, and parents. The maintenance awarded under this section includes provisions for food, clothing, and residence. Section 125 does not apply to individuals governed by Muslim Personal Law. Select the correct answer using the codes below: A) 1 only B) 1 and 2 only C) 1 and 3 only D) 1, 2, and 3 Answer: B) 1 and 2 only Explanation: Statement 1 is correct. Section 125 of the CrPC deals with the maintenance of wives, children, and parents who are unable to support themselves. Statement 2 is also correct. The maintenance awarded under Section 125 includes provisions for food, clothing, residence, and other necessities of life. Statement 3 is incorrect. Section 125 applies to all individuals, regardless of their personal law.