Maintenance under Section 125 of the Code of

Criminal Procedure
The object of this provision is to provide a summary remedy to the dependent
wife, children, and parents from destitution and to serve a social purpose. The
right under these provisions cannot be defeated by anything in the personal
law of the parties.

Who is Entitled to Maintenance

1. Wife if she is unable to maintain herself,

2. Legitimate or illegitimate minor child, whether married or not, who is
unable to maintain himself or herself
3. Father or mother who is unable to maintain himself or herself,

 
Relief available
Where a person having sufficient means refuses or neglects to maintain the
persons eligible as above:

A Magistrate of the First Class may, upon proof order such person to pay a
monthly allowance at the rate not exceeding RS. 500 on the whole.

In case of a minor female married child the Magistrate may order the father to
pay such maintenance, until she attains the age of majority, if the Magistrate
is satisfied that the husband of such minor female child is not possessed with
sufficient means.

"Minor" means a person who has not completed the age of 18 years.

 
 "Wife" includes a woman who has been divorced by, or has obtained a
divorce from, her husband and has not remarried.

Where to file the application

The application for maintenance may be filed in the district where

1. He is, i.e. where he works for gain or;

2. He or his wife resides, or;
3. Where he last resided with his wife, or as the case may be, with the
mother of the illegitimate child.

LIMITATION

There is no period of limitation prescribed for making an application for

maintenance.

Exception
No wife shall be entitled to receive an allowance from her husband if:

1. She is living in adultery, or

2. Without any sufficient reason she refuses to live with her husband, or
3. They are living separately by mutual consent.