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"Code of Criminal Procedure 1973: Maintenance of Wives, Children & Parents" by Advocate Subhan Bande, Kadapa (Cuddapah)

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Maintenance to wife, children, parents. Procedure for maintenance, How to claim maintenance, Sections 125 to 128 of Criminal Procedure Code (CRPC) 1973

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"Code of Criminal Procedure 1973: Maintenance of Wives, Children & Parents" by Advocate Subhan Bande, Kadapa (Cuddapah)

  1. 1. CODE OF CRIMINAL PROCEDURE, 1973 SUBHAN BANDE ADVOCATE KADAPA Video Lecture subhanbande@gmail.com MAINTENANCE OF WIVES, CHILDREN & PARENTS CHAPTER-9 SECTIONS 125 TO 128
  2. 2. For the purpose of this Chapter…..  ‘Maintenance’ includes, in all cases, provision for and in case of unmarried daughter, it includes reasonable expenses of her marriage. …………Section-3(b) of the Hindu Adoptions and Maintenance Act, 1956  ‘Minor’ means a person who, under the provisions of the Indian Majority Act, 1875 is deemed not to have attained his majority.  ‘Wife’ includes a woman who has been divorced by, or obtained a divorce from, her husband and has not remarried.  It is the duty of every person to maintain his wife, children and aged parents, who are unable to live on their own.  Chapter-9 containing Sections 125 to 128 of Cr.P.C. lay down the provisions relating to the maintenance of wives, children and parents. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 2 food, clothing, residence, education, and medical attendance and treatment
  3. 3. Persons liable to pay maintenance… Section-125(1)  Husband to his wife  Father to his children  Son/Daughter to his/her parents Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 3
  4. 4. 4 Wife PERSONS ENTITLED TO MAINTENANCE ParentsChildren When she is ENTITLED When she is NOT ENTITLED Son (Legitimate & Illegitimate) Daughter (Legitimate & Illegitimate) • Mother • Father CODE OF CRIMINAL PROCEDURE, 1973 MAINTENANCE OF WIVES, CHILDREN AND PARENTS Adv. Subhan Bande, Kadapa. subhanbande@gmail.com
  5. 5. 5 Wife PERSONS ENTITLED TO MAINTENANCE CODE OF CRIMINAL PROCEDURE, 1973 MAINTENANCE OF WIVES, CHILDREN AND PARENTS Adv. Subhan Bande, Kadapa. subhanbande@gmail.com A Hindu married woman, who has been separated from her husband on reasonable cause, is entitled to claim maintenance under the following provisions….  The Hindu Adoptions and Maintenance Act,1956 o Sec-18(1) – having sufficient means - entitled to maintenance. o Sec-18(2) – living in the same roof along with her husband – entitled to maintenance.  The Hindu Marriage Act, 1955 o Sec-24 – temporary relief – during the pendency of application – maintenance - available for either spouse (who has no sufficient means to live on his/her own) o Sec-25 – permanent relief – permanent alimony or maintenance - available for either spouse (who has no sufficient means to live on his/her own)  The Code of Criminal Procedure, 1973 o Sec-125 – confers the right to claim the maintenance to wives, children and parents.
  6. 6. 6 Wife PERSONS ENTITLED TO MAINTENANCE When she is ENTITLED When she is NOT ENTITLED CODE OF CRIMINAL PROCEDURE, 1973 MAINTENANCE OF WIVES, CHILDREN AND PARENTS Adv. Subhan Bande, Kadapa. subhanbande@gmail.com  Legally wedded marriage as per their religion +  Husband has neglected or refused her to maintain or  Wife has been separated from her husband on reasonable cause +  Unable to maintain herself +  Husband has sufficient means o Living in adultery o Has sufficient means o Refuses to live with her husband without sufficient reasons (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) o Living separately by mutual consent o Remarries after divorce
  7. 7. Important Judgements on Maintenance to Wife  Mohammed Ahmed Khan vs. Shah Bano Begum, AIR 1985 SC 945 The Supreme Court – Sec-125 of Cr.P.C. is applicable to all including the Muslim woman. Central Govt. enacted – the Muslim Women’s (protection of Rights on Divorce) Act, 1986 – to nullify the SC’s verdict.  Md. Umar Khan vs. Gulshan Begum, 1992 Crl.L.J. 899 (M.P.) The Muslim Women’s (protection of Rights on Divorce) Act, 1986 allows - a Muslim woman – to invoke relief under Sec-125 of Cr.P.C. – only if the husband consents to it.  Iqbal Banoo vs. State of U.P., 2007 6 SSC 785******** A neglected or deserted Muslim wife can claim maintenance under Section-125 of CrRPC without consent of her husband.  Rajesh R. Nair vs. Meera Babu, 2013 (3) B Cr.C 637 (Kerala HC) An agreement - wife waives her right guaranteed under Sec-125 of Cr.P.C. - agreement against public policy.  Sayanna vs. Laxmi Bai, 1992(1) Crimes 746 Wife whose marriage is void – not entitled for maintenance  Thanichalam vs. Dhakshyani, 1996 Crl.L.J. 221 Past adultery is not relevant. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 7
  8. 8. 8 Wife PERSONS ENTITLED TO MAINTENANCE Children Son (Legitimate & Illegitimate) Daughter (Legitimate & Illegitimate) Unmarried CODE OF CRIMINAL PROCEDURE, 1973 MAINTENANCE OF WIVES, CHILDREN AND PARENTS Adv. Subhan Bande, Kadapa. subhanbande@gmail.com MarriedMinor Major Entitled the maintenance If he has… * Physical Disability or * Mental Disability Entitled the maintenance Not entitled the maintenance Entitled the maintenance
  9. 9. Important Judgements on Maintenance to Children  Shri Bhagwant vs. Shyam Devi, 1973 Cr.L.J. 1525 No maintenance can be claimed for unborn child.  TPSH Sevva Saroja vs. TPSH Sasina Thani, 1989 Cr.L.J. 2032 (Mad) Unmarried daughter (living away from her widowed mother) cannot claim maintenance.  Noor Saba Khatoon vs. Mohd. Quasim, 1997 Cr.L.J. 3972 (SC) The children of Muslim parents - entitled to claim maintenance.  Ved Prakash vs. Leena Kahar and another, 1996 Cr. L.J. 2703 Parents-in-law not liable maintenance to the widowed daughter-in-law and grand children. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 9
  10. 10. 10 Wife PERSONS ENTITLED TO MAINTENANCE ParentsChildren When she is ENTITLED When she is NOT ENTITLED Son (Legitimate & Illegitimate) Daughter (Legitimate & Illegitimate) • Mother • Father CODE OF CRIMINAL PROCEDURE, 1973 MAINTENANCE OF WIVES, CHILDREN AND PARENTS Adv. Subhan Bande, Kadapa. subhanbande@gmail.com Entitled the maintenance It is a social and pious obligation to maintain parents. A father or mother, unable to maintain himself / herself is entitled to claim maintenance from his/her son. Natural Father & Natural Mother Adoptive Father & Adoptive Mother Step-father & Step-mother Not entitled the maintenance
  11. 11. Important Judgements on Maintenance to Parents  1987 (2) ALT 84 = 1987 (2) A.P.L.J. 153 Hindu step-mother is not entitled to claim maintenance from her step-son.  Vijaya Manohar Arbat vs. Kashirao Rajaram Sawai, 1987 Cr.L.J. 977 (SC) The daughter whether married or not – liable to maintain her parents.  Miss Vijaya Manohar Arbat vs. Kashi Rao Raja Ram Saawai, AIR 1987 SC 1100 Maintenance from the daughter – if she has sufficient means of her own independently – on Court’s satisfaction.  P. Vijaya Lakshmi vs. N. Ramanadham, 2003(2) ALT (Cri) 98 A.P. A childless step-mother can claim maintenance from her step-son.  Hardev Singh vs. State of U.P., 1996(1) Crimes 212 AII Sadhu is liable to maintain his wife and children. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 11
  12. 12. 12 Wife PERSONS ENTITLED TO MAINTENANCE ParentsChildren When she is ENTITLED Son (Legitimate & Illegitimate) Daughter (Legitimate & Illegitimate) • Mother • Father CODE OF CRIMINAL PROCEDURE, 1973 MAINTENANCE OF WIVES, CHILDREN AND PARENTS Adv. Subhan Bande, Kadapa. subhanbande@gmail.com  Legally wedded marriage as per their religion  Husband has neglected or refused her to maintain or Wife has been separated from her husband on reasonable cause  Unable to maintain herself  Husband has sufficient means Unmarried MarriedMinor Major Entitled the maintenance If he has… * Physical Disability or * Mental Disability Entitled the maintenance Not entitled the maintenance Entitledthe maintenance Natural Father Natural Mother Adoptive Father Adoptive Mother Step-father Step-mother Notentitledthe maintenance Entitled the maintenance
  13. 13. Procedure for Maintenance Section-126  An application for ‘maintenance’ under Section 125 Criminal Procedure Code can be instituted against the person in any district….  Where he is; or  Where he or his wife resides; or  Where he last resided with his wife or as the case may be with the mother of illegitimate child  The maintenance application has to be made before the Magistrate of First Class.  No limitation – for maintenance application.  Maintenance petition should be disposed of within SIX MONTHS.  All the evidence in maintenance proceedings shall be taken in presence of the person or in the presence of his pleader.  If the person willfully avoids or neglects his attendance, the Magistrate may proceed and set ex-parte.  Any order so made may be set aside for good cause, if it is made within THREE MONTHS. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 13
  14. 14. Alteration & Cancellation of Maintenance Section-127  Magistrate can alter (increase or decrease) or cancel the amount of maintenance or interim maintenance (fixed by him earlier), to a wife, child, father or mother, as the case may be, depending upon the circumstances of the case. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 14
  15. 15. Enforcement of Order of Maintenance Section-128  Application has to be made to the Magistrate within ONE YEAR, if the order of maintenance is disobeyed.  If the person does not pay the maintenance….. o warrant can be issued and o he may be fined.  Imprisonment may extend to one month or until payment. Adv. Subhan Bande, Kadapa. subhanbande@gmail.com 15
  16. 16. For Queries….. subhanbande@gmail.com For latest updates on various law topics, subscribe to myYouTube Channel……. https://youtube.com/channel/UCbdDcaScQMn4d4J7YKQN_QA 16 You can get the slides of all my videos from the following link. https://www.slideshare.net/BANDESUBHAN/presentations

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