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125 CRPC PDF Print Email

Section 125. Maintenance

If a person who has sufficient means neglects or refuses to maintain:

his wife, unable to maintain herself, whether or not he is divorced from her or

his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(If the child is a married daughter, maintenance is to be paid till she attains majority if her husband does not possess sufficient means.)

his legitimate or illegitimate adult child who cannot maintain itself because of any physical or mental abnormality or injury

(This does not include a married daughter.)

his father or mother, unable to maintain himself or herself,

he can be ordered to pay maintenance to those persons by the Family Court in places where a Family Court has been established or by a JMFC in other places if the neglect or refusal is proved.

The Court may order him to pay a monthly allowance as maintenance of his wife or such child, father or mother as it thinks fit to the person.

The allowance is payable from the date of the order, or, if so ordered, from the date of the application for maintenance.

If any person so ordered fails without sufficient cause to comply with the order, the Court may, for every breach of the 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’s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made. However, no warrant shall be issued for the recovery of any amount due under this section unless application is made to the Court to levy such amount within a period of one year from the date on which it became due.

If such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, the Court 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 so doing. If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

A wife is not entitled to receive an allowance from her husband if she is living in adultery, or if, she refuses to live with her husband without any sufficient reason, or if they are living separately by mutual consent.

On proof that any wife in whose favour an order has been made is living in adultery, or that she refuses to live with her husband without sufficient reason, or that they are living separately by mutual consent, the Magistrate shall cancel the order.