Maintenance Under Section 125 of CrPC
Introduction Section 125 of CrPC is a means to provide a speedy, inexpensive and effective remedy against persons who refuse or neglect their duty to maintain persons dependent on them. The section discharges a social function in order to achieve and maintain societal balance. It also comes under Article 15 (3), which is further reinforced by Article 39. It is an important section that deals with women’s human rights and are a legal instrument of social relevance that is used to uphold the rights of the weaker section of society.[1] They are, in a way, aimed at preventing starvation and vagrancy relating to the commission of crimes.[2] Scope of Section 125 of CrPC Maintenance under the law is defined as an amount of money paid to a dependent person such as a wife, child or parent so that they can support themselves financially. It is also defined under Section 2(b)…
Maintenance Under Section 125 Of CrPC: Husband Required To Earn Money Even By Physical Labour
The Supreme Court recently in the case of Anju Garg & Anr. v. Deepak Kumar Garg[1] observed that: The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on legally permissible grounds mentioned in the statute[2]. While allowing the appeal, Justice Dinesh Maheshwari and Justice Bela M. Trivedi directed the respondent to pay maintenance amount of Rs. 10,000/- per month to the appellant wife from the date of filing of Maintenance Petition before the Family Court and granted the minor son a monthly maintenance amount of Rs. 6,000/-. It was also observed that section 125 of the Code of Criminal Procedure, 1973 was formulated to ameliorate the agony, anguish and financial suffering of a woman who is required to leave her matrimonial home, so that some suitable arrangements could be made to enable her to sustain herself…