What is Section 125 of Criminal Procedure Code?
Section 125 of the Code of Criminal Procedure is one of the most invoked and discussed provisions of the code. This code provides that any person who has sufficient means to maintain himself cannot deny the maintenance to the wife, children, and parents if they are not able to maintain themselves.
Who may claim under Section 125 of Criminal Procedure Act?
‘Wife’ in Section 125 CrPC and under Hindu Adoptions & Maintenance Act, 1956 means only legally married wife : ‘Wife’ in Section 125 CrPC and under Hindu Adoptions & Maintenance Act, 1956 means only legally married wife.
Does the Section 125 of Code of Criminal Procedure 1973 applies to Muslims explain with the help of case law?
The Supreme Court explained this judgment by saying that, even if there is a conflict, section 125 of CrPC is a secular law, and hence, applies to all women, irrespective of their religion. It further stated that CrPC shall prevail over Muslim Personal Law in case of a conflict.
What is maintenance under section 125 of CrPC?
According to Section 125(1)(d), If any person neglects or refuses to maintain his wife, children or parents, then a Magistrate of the First Class can order such person to make a monthly allowance for the maintenance of his wife, children or parents, at such monthly rate as such Magistrate thinks fit, and to pay the …
Is Section 125 bailable?
IPC 125 is a Non-Bailable offence.
Who is wife for the purpose of section 125 CrPC?
MEANING OF ‘WIFE’ UNDER SECTION 125 OF CrPC: The section applies only to the abandoned wife and not to the abandoned mistress. “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.”
How do I defend Section 125?
Advocate Rajeev Nigam You defend yourself through your advocate at court by telling though you are ready to take her back she is not willing to come and also show the proof of RCR before the court and whatever the trouble or harassment which she has given to you that you can state with proof if you have any.
Why is Section 125 of the Criminal Procedure Code important?
The Court further held that such provisions are essentially of a prophylactic character and cut across the barriers of religion. The Court further held that the liability imposed by Section 125 to maintain close relatives, who are indigent, is founded upon the individual’s obligation to the society to prevent vagrancy and destitution.
Who can seek maintenance under Section 125 of the CrPC?
The term ‘maintenance’, has not been defined anywhere in the Code of Criminal Procedure, 1973. However, chapter IX, sections 125-128 of the code deals with the provisions for maintenance and provides for a speedy and effective remedy against a person who neglects or refuses to maintain their dependent wives, children, and parents.
Who is a wife under the Code of Criminal Procedure?
The term ‘wife’ in Section 125 of the Code of Criminal Procedure includes a woman who has been divorced by a husband or who has obtained a divorce from her husband and has not remarried. The woman not having the legal status of a wife is thus brought within the inclusive definition of the term ‘wife’ consistent with the objective 5 .
What is the power of the court under Section 125?
(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just. 127. Alteration in allowance.