Section 125 of the Code of Criminal Procedure (CrPC) in India provides for the right to maintenance for certain categories of individuals. This section is applicable when a person, who has sufficient means, neglects or refuses to maintain his wife, children, or parents, who are unable to maintain themselves. The primary objective of this provision is to ensure the welfare and financial support of individuals who are dependent on others.
Section 125 of the CrPC:
Maintenance for wife: Under this section, a husband has an obligation to maintain his wife if she is unable to maintain herself. This includes providing for her food, clothing, residence, and other necessities. The term “wife” includes a woman who is legally married, as well as a woman who is living with a man as his wife without a formal marriage (in cases of valid relationships recognized under personal laws).
Maintenance for children: Parents are responsible for maintaining their legitimate, illegitimate, and adopted children who are unable to maintain themselves. The term “children” includes both minor children and adult children who are unable to earn a livelihood due to physical or mental abnormalities or an illness.
Maintenance for parents: Section 125 also extends to parents who are unable to maintain themselves. It is the duty of the children to maintain their parents when they are in need and do not have sufficient means to support themselves.
The following key elements must be satisfied to claim maintenance under Section 125:
Neglect or refusal to maintain: The person claiming maintenance must establish that the respondent has neglected or refused to maintain them. Neglect refers to the failure to provide for the basic needs of the dependent person, whereas refusal indicates a deliberate denial of financial support.
Dependency: The person seeking maintenance must prove their dependency on the respondent. This involves demonstrating that they are unable to maintain themselves and do not have adequate means of sustenance.
Sufficient means: The respondent must possess sufficient means to provide maintenance. The court will take into account the financial capacity and resources of the respondent while determining the amount of maintenance to be awarded.
Landmark Cases:
Savitaben Somabhai Bhatiya v. State of Gujarat (2005): In this case, the Supreme Court held that a wife who is living separately from her husband under circumstances that render her unable to maintain herself is entitled to claim maintenance under Section 125 of the CrPC.
Rameshbhai Dabhai Naika v. State of Gujarat (2012): The Supreme Court ruled that an unmarried daughter, who is unable to maintain herself, has the right to claim maintenance from her father under Section 125 of the CrPC.
Shantha alias Chinna Sathya v. V. Ranganathan (2017): This case highlighted that the obligation to pay maintenance under Section 125 of the CrPC is a continuing one, and the court can modify the maintenance amount if circumstances change or new facts emerge.
These landmark cases have contributed to the interpretation and understanding of Section 125 and have played a significant role in safeguarding the rights of individuals entitled to maintenance under the provision.
