Important Blogs

CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN, AND PARENTS Section 125

The Code of Criminal Procedure, 1973

CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN, AND PARENTS Section 125

Before we start these lectures, we must have knowledge about; does the section 125 to 128 apply to all religions?

Before starting this lecture, we would discuss three important Judgement of Supreme Court

Nanak Chand vs Chandra Kishore Agarwal 1969 SC

In this Hon’ble SC held that Section 125 to 128 is related to criminal law and there is no relation to personal law and criminal law hence it will apply to all religions. Criminal law is never personal, Civil law can be personal.

Mohd. Ahmed Khan v. Shah Bano Begum And Others 1985

This is a very important Judgement, brief of this case was as, Mohd Ahmad khan was a famous Advocate of Indore, in 1975, after 43 years of his marriage, Mohamed Ahmad khan drove out to his wife Shah Bano Begum along with his five kids from the matrimonial home, Sometimes he used to give some amount for bringing up his kids.

In 1978, the dispute was so big that Mohammed Ahmed Khan ended the relationship forever by pronouncing triple talaq.

To get maintenance, Now Shah Bano approached to Court, this matter was appealed to the Supreme Court. A lot of provisions was to interpret in this case. As per Muslim law personal board, the husband can maintain his wife till the period of iddat,

Because this case was for the maintenance of wife, Hon’ble Supreme Court gave judgment in favour of Shah Bano Begum and ordered to pay 500 per month in form of maintenance.

All India Muslim Board was protested in consequences of this judgment, and in 1986 Rajiv Gandhi’s government introduced a new Act that was “Muslim woman protection of right and divorce Act 1986, as per section 3(1) (a) and 3(1)(b) of this Act says that Muslim woman is entitled to get maintenance till the period of iddat.

Unfortunately, This act was challenged in 2001 in case of Daniel Latif vs Union of India, in this case, Hon’ble SC said that in Muslim woman protection of the right of divorce Act 1986 say that Muslim is entitled to get maintenance till the period of Iddat but does say that maintenance will not be given after iddat.

Now SC held said in this case, Now life time future maintenance of after a period of Iddat would be given before the iddat period.

Bare Act

[s 125] Order for maintenance of wife, Kids, and parents.—If any person have suļ¬ƒcient means neglects or refuses to maintain—

  1. If his wife is unable to maintain herself, or
  2. If his legitimate or illegitimate minor kids, whether married or not, unable to maintain itself, or
  3. Her/his legitimate or illegitimate child (not married daughter) who has attained majority where such child is due to any physical or mental abnormality or injury, who is unable to maintain herself/himself,
If his parents is unable to maintain himself or herself,

Here must have knowledge “Any Person” means

In Case Rajkumari v Yashodhas Devi, 1978 Cr LJ 600 (Punj); the SC court clears that

The term "any person" includes only a father or son or husband but does not include a daughter or mother or wife.
A married daughter is included in "any person" in the Case of Vijaya v Kashirao, 1987 Cr LJ 977: AIR 1987 SC 1100

In the Case of Gnan Sundari vs KS Subramaniam, AIR 2009, NOC 1838 Madras it was held that a person can claim maintenance from his daughter but not from his wife. A claim against the wife is maintainable only under the provisions of the Hindu Marriage Act, 1955.

The meaning of “Sufficient means”

In the case of Dasarathi Ghosh v Anuradha Ghosh, 1988 Cr LJ 64 (Cal) it was held that this section does not signify only visible means such as real property or definite employment

If a man is healthy and capable, he must pass to support his wife, children and parents and cannot be relieved of his obligation on the grounds that he is a mere boy and unemployed. The term "sufficient means “should not be limited to actual economic resources, but should refer to earning capacity "

Comments