Section 125 CrPC: Order for maintenance of wives, children and parents

What Section 125 CrPC Says

125. Order for maintenance of wives, children and parents

(1) If any person having sufficient means neglects or refuses to maintain—

(a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.

Explanation

For the purposes of this Chapter,—

(a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority;

(b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate 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 allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, 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:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate 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.

Explanation

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.

(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

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

Source: Section 125, Code of Criminal Procedure, 1973

Section 125 CrPC in Simple Words

Who Can Use Section 125 CrPC

• A Magistrate of the first class may, upon proof that a person having sufficient means neglects or refuses to maintain his wife or his father or mother who is unable to maintain herself or himself, order that person to pay a monthly maintenance allowance at a rate the Magistrate thinks fit under Section 125(1) CrPC.
• Maintenance under Section 125(1) CrPC may be ordered for a legitimate or illegitimate minor child, whether married or not, who is unable to maintain itself, and for an adult child other than a married daughter who is unable to maintain itself by reason of any physical or mental abnormality or injury.
• The first proviso to Section 125(1) CrPC allows the Magistrate to order the father of a married minor female child to pay the monthly allowance until she attains majority, if the Magistrate is satisfied that her husband is not possessed of sufficient means.
• Under the second proviso to Section 125(1) CrPC, the Magistrate may, while the maintenance proceeding is pending, order the person to pay a monthly allowance for interim maintenance and reasonable expenses of the proceeding.
• If a person ordered to pay fails without sufficient cause to comply, the Magistrate may under Section 125(3) CrPC issue a warrant to levy the amount due like a fine and may sentence the person to imprisonment for up to one month for each month of allowance or expenses remaining unpaid after execution of the warrant, unless payment is made sooner.
• A proviso to Section 125(3) CrPC allows the Magistrate to make a maintenance order even if the husband offers to maintain his wife on condition of her living with him and she refuses, if the Magistrate is satisfied there is just ground for doing so, such as the husband having contracted marriage with another woman or keeping a mistress.

Time Limits Under Section 125 CrPC

• Under the first proviso to Section 125(1) CrPC, a father ordered to pay a monthly allowance for his married minor female child whose husband lacks sufficient means may be required to pay it until she attains her majority.Act text: “order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority”
• An application for interim maintenance and proceeding expenses under the second proviso to Section 125(1) CrPC shall, as far as possible, be disposed of within sixty days from the date notice of the application is served on the person.Act text: “shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application”
• Under Section 125(2) CrPC, the monthly allowance for maintenance or interim maintenance and proceeding expenses shall be payable from the date of the order, or, if so ordered, from the date of the application.Act text: “shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance”
• For the whole or any part of each month of unpaid maintenance or interim maintenance and proceeding expenses remaining after execution of a warrant, the Magistrate may under Section 125(3) CrPC sentence the defaulting person to imprisonment for a term which may extend to one month, or until payment if made sooner.Act text: “to imprisonment for a term which may extend to one month or until payment if sooner made”
• The first proviso to Section 125(3) CrPC bars the court from issuing a warrant to recover any amount due unless the application to levy that amount is made within one year from the date on which it became due.Act text: “unless application be made to the Court to levy such amount within a period of one year from the date on which it became due”

Example of Section 125 CrPC

When Section 125 CrPC Does Not Apply

• Under Section 125(4) CrPC, a wife is not entitled to receive maintenance or interim maintenance and proceeding expenses from her husband if she is living in adultery, if she refuses to live with her husband without any sufficient reason, or if they are living separately by mutual consent.
• Section 125(1)(c) CrPC does not apply to a child who has attained majority if that child is a married daughter, or if the adult child is not unable to maintain itself by reason of any physical or mental abnormality or injury.
• No maintenance order can be made under Section 125(1) CrPC if the person from whom maintenance is claimed does not have sufficient means, has not neglected or refused to maintain the dependent, or if the wife, child, father, or mother is able to maintain herself, itself, or himself.
• Under the first proviso to Section 125(3) CrPC, no warrant shall be issued for recovering any unpaid amount due unless the application to the court to levy that amount is made within a period of one year from the date on which it became due.

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