This document discusses Indian law on maintenance obligations. It examines who is entitled to maintenance under Section 125 of the Code of Criminal Procedure, which includes legally married wives, children, parents who are unable to maintain themselves. It also looks at who is obligated to provide maintenance, including husbands, fathers, and sons. The document outlines the criteria courts examine to determine maintenance orders, such as sufficient means and neglect or refusal to provide support. It also reviews the procedures for filing maintenance applications and enforcing orders.

1. AN ASSESSMENT OF LAW ON
MAINTENANCE.
As a Legal Instrument Financially
Protecting the Aggrieved Persons
from Domestic Violence.
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2. Maintenance: of whom ?
• Law of Maintenance is aimed at checking starvation and vagrancy
and the consequent crimes.
• A legally married wife, a child, legitimate or illegitimate
and father or mother– unable to maintain himself or
herself.
• Wife includes divorced women to frustrate
unscrupulous husbands from getting easy divorce
through their personal law.
• The context leading to emergence of Muslim
Women(Protection of Rights on Divorce) Act, 1986.
• The Act of 1986 vis-à-vis S. 125 of CRPC in reference to
Daniel Latifi V Union of India,2001.
• S. 125 is vague as to whether a parent includes
adoptive/step parent.
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3. Maintenance by Whom ?
• Patriarchal social structure has not only extended exclusive privileges to men
but it has also given him exclusive responsibilities.
• S.125 prescribes the husband, father and son to maintain his
wife, children and parents, respectively.
• The rationale behind may be to protect and maintain the
weaker.
• Consider the position of law regarding responsibility of the
mother in a situation where the father is not living…
• Similarly the position of law on the responsibility of a wife to
protect and maintain her weaker husband.
• Supreme Court making daughter duty-bound to maintain her
parents. (Vijaya Manohar Arbat V. Kashirao Rajaram Sawai.)
• Efforts of the apex court to bridge the gap between law and
social need contributing to the organic growth of a piece of
Legislation.
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4. Criteria for granting Maintenance.I
• Sufficient means, both visible and latent, to
maintain.
• The neglect and refusal to maintain, with the
burden of proof shifting to the claimant.
• In a valid second marriage under personal
law, the wife of first marriage is eligible for
maintenance from her husband, though living
separately.
• Person claiming maintenance must be incapable
of maintaining him/herself.(Abdul Munaf V.
Salima, 1979. Cant, H.C.)
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5. Criteria for granting Maintenance.II.
• The Requirements where the Maintenance is claimed by Wife.
• S.125(4) prescribes that the wife must not be
living in adultery( a single act of adultery is not
suffice to disentitle).
• The right of a divorced wife while she is having
live-in relationship with another man.
• Wife must not refuse, without sufficient reasons,
to live with her husband.(Having a mistress,
contracted a new marriage, married legally under
personal law).
• The wife not living separately by mutual consent.
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6. Procedure.
• Jurisdiction and Procedure.
• Only the Judicial Magistrate of I Class can
entertain applications for maintenance under S
125.
• Averment by applicant that she has no sufficient
means and that he has sufficient means.
• That there is neglect and refusal to maintain the
applicant.
• No period of limitation to file the application.
• Ex-parte order on wilful avoiding service, wilful
neglect to attend court.
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7. The order of Maintenance and its
Enforcement.
• The amount to be neither luxurious nor penurious but
modestly consistent with the status of the family.
• The removal of ceiling of Rs 500/- per month and the
fixing of time-frame through Amendment Act, 2001
• Warrant is issued on every breach of the order for
levying the amount.
• The imprisonment of one month is a last resort when
recourse to attachment and sale fail.
• The imprisonment is to pressurize enforcement and
not a mode to satisfy the liability.
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8. Alteration of Order.
• The quantum of allowance may be altered:
• On proof of a change in the circumstances of
either party.
• On any relevant decision of a competent civil
court
• The date of effect of alteration is left to the
discretion of the court.
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9. Cancellation of Order .
• The order of maintenance may be cancelled, if:
• The wife is living in adultery.
• Without sufficient reasons she refuses to live
with the husband.
• they are living separately by mutual consent.
• On a decision of a competent civil court.
• she remarries after divorce, the order is cancelled
w.e.f. the date of remarriage.
• On complete compliance with the order.
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10. Milestones beyond S. 125 of CRPC.
• Conclusion.
• Mohd. Ahmed Khan V. Shah Bano
Begum, 1985. and the inclusive definition of
Wife:The legislative response.
• The response of the Judiciary to the legislative
response: Daniel Latifi V. Union of India, 2001.
• Supreme Court on the path of son-daughter
parity: V.M Arhat V. K.R. Sawai, 1987.
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11. Thank you !
END
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