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ORDER OF MAINTENENCE TO WIVES,CHLIDREN AND PARENTS
UNDER SECTION 125 OF CRIMINAL PROCEDURE CODE,1973
An application under section 125 of Criminal Procedure code,1973 can be filed in the Magistrate courts or in family courts (in big cities) by wives, children and parents who are unable to maintain themselves against any person having sufficient means refuses or neglect to maintain them.
A Magistrate of first class may upon proof of such neglect or refusal order such person to make a monthly allowance for the maintenence of his wife or such child father or mother at such monthly rate not exceeding one thousand five hundred in the whole as such Magistrate think fit and to pay the same to such person as the Magistrate may from time to time direct.
2. Such allowance shall be payable from the date of order or is so ordered from the date of the application for maintenence
3. IF any person so ordered fails without suffic
ient cause to comply with the order any such Magistrate may for every breach of order issue a warrant for levying the amount due in the manner provided for levying fines and may sentence such person for the whole or any part of each month allowance remaining unpaid after the execution of the the warrant to imprisonment for a term which may extend to one month or untill payment if sooner made'
Provided further that if such person offers to maintain his wife on condition of her living with him and she refuses to live with him such Magistrate may
consider any grounds of refusal stated by her and may make an order under this section notwithstanding such offer if he is satisfied that there is just ground for doing so.
For the purpose of this act a wife includes a women who has been divorced by or has obtained a divorce
from her husband and has not been remarried.
The defination of "wife" does not exclude Muslim wives notwithstanding tht under the Muslim law a divorced wife is entitled to maintenence only upto the period of iddat.The provison oF such section 125 would entitle even a Muslim divorced wife to claim maintenence from her husband till she remarries.
1976 MajLJ 631
The principle of Muslim law that a divorced wife is entitled to maintenence only during the period of iddat is not relevant when considering the provision of section 125 enacted by Parliament for all unprovided wives irrespective of the religion or caste.There is nothing in the the maintenence provisions of the code to show that the Muslim women are excluded from their benefits.
Muslim women (Protection of Rights on divorce)Act, 1986, Does not nullify order passed under section 125 or 127 Criminal Procedure Code,1973.(Arab Ahemdadhta Abdulla v/s Arab Bail Mohamend Saiyadbhai AIR 1988 GUJ 141.)
For more details and enquiries on section 125 of Criminal Procedure Code 1973, on the point of jurisdiction and procedures, contact for expert legal advice :
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MAINTENECE OF WIFE UNDER SECTION 18 0F HINDU ADOPTION AND MAINTENENCE ACT, 1956,
Section 18 of Hindu Adoption and Maintenence Act, 1956
deals with the maintenence for Hindu Wife.
(1) Subject to the provision of this section , a Hindu wife whether marrried before or after the commencement of this Act, shall be entitled to be maintained by her husband during her lifetime.
(2) A Hindu wife shall be entitled to live separately from her husband without forfofeiting her claim to maintenance-
(a) if he is guitly of desertion that is to say of abondoning her without reasonable cause and without her consent or against her wish or of wilfully neglecting her
(b)if he has treated her with such curelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband;
(c) if he is sufuffering from a virulent form of leprosy
(d) if he as any other wife living
(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere;
(f) if he ceased to be Hindu by conversion to another religion
(g) if there is any other cause justifying her living separately
(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.
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