Family Law_Tanmay

Anant_Division A
by Tanmay ANANT

Submission date: 19-Aug-2023 02:42PM (UTC+0530)

Submission ID: 2147905288
File name: Introduction.docx (38.12K)
Word count: 1478
Character count: 7559
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Family Law_Tanmay Anant_Division A
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blog.ipleaders.in
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 Symbiosis Law School, NOIDA

SUBMISSION of
Family Law

Submitted by:

Tanmay Anant

PRN: 22010224182

Programme: BBA.LLB.

Division: A
Semester: III

Year: 2nd Year

Batch: 2022-27

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

Topic

Assigned: Explain the concept in Maintenance according to section 125 of CrPC

Identified Section from IPC: Section 125 of CrPC, Hindu Marriage Act's Section 24.

Submitted to:

Ms. Deepali Sahoo

Assistant Professor

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

(July-August 2023)
 Introduction
The Code of Criminal Procedure (CRPC), establishes the procedural requirements for the nation's
criminal justice system. It lays out the rules and regulations that control the process of criminal
offence investigation, prosecution, and trial. The CRPC aims to ensure fairness, justice, and
efficiency in handling criminal cases while safeguarding the rights of both the accused and the
victims.

Provision:
Section 125 of the Code of Criminal Procedure (CRPC) in India pertains to the concept of
maintenance. Maintenance is a legal provision aimed at ensuring that individuals, particularly women,
children, and the elderly, who are unable to support themselves financially, receive necessary
financial support from their family members. This section of the CRPC establishes the legal
framework to enforce this support.1

Concept Of Maintenance:
According to the legal doctrine known as maintenance, people are compelled to assist their family
members who are unable to sustain themselves financially. By including this clause, it is ensured that
family members who are able to help others who are reliant on them for their fundamental necessities
do so. It serves as a safeguard against poverty and advances the welfare of weaker family members.

Procedures:

1. Relationship: The claimant and the person whose support is being requested must have a
particular relationship. This connection includes:

 Father and mother: A wife has the right to ask her husband for support.
 Parents and children: If a kid has the resources to support himself, parents may seek maintenance
from them, and vice versa.
 Children and parents: Children who are financially capable must help their parents, who are
unable to do so.

2. Lack of Ability to Maintain: The applicant must provide evidence that they lack the financial
ability to support themselves. This may be as a result of issues like unemployment, advanced age,
disease, or other situations that prevent individuals from meeting their fundamental necessities.

3. Neglect or Refusal to Maintain: It must be proven that the party that is supposed to be paying
maintenance has ignored or refused to carry out their duty in order for a claim of maintenance to
be legitimate. While rejection suggests a deliberate choice not to offer the essential financial aid,
neglect refers to the inability to provide support while having the resources to do so.

4. Dependence: The person claiming maintenance should establish their dependence on the person
from whom they are seeking support. Dependency is a key factor in determining the need for
maintenance.

5. Reasonable Requirement: The amount claimed as maintenance should be reasonable and

should cover the basic necessities of life, including food, clothing, shelter, medical expenses, and
other essential needs.

1
Garg, R. (2022, November 3). Section 125 CRPC. iPleaders. https://blog.ipleaders.in/analysis-
scope-revision-section-125-
crpc/#:~:text=Section%20125%20of%20the%20Criminal,providing%20monthly%20maintena
nce%20to%20her.
6. Legal Procedure: The claimant needs to initiate a legal procedure by filing an application
before a Magistrate, providing details of the parties involved, the grounds for maintenance, and
the amount of maintenance sought.

7. Jurisdiction: The application for maintenance should be filed in the appropriate jurisdiction,
typically where the claimant resides or where the person from whom maintenance is claimed
resides.

8. Evidence: The claimant must give proof to back up their assertions that they are incapable of
providing for their own upkeep and that the person in charge has neglected or refused to do so.

9. Magistrate's Decision: The Magistrate evaluates the evidence presented by both parties and
determines the amount of maintenance that should be awarded based on the claimant's needs and
the person's capacity to pay.

10. Enforcement: Once the Magistrate issues an order for maintenance, it is enforceable as if it
were a decree of a civil court. Failure to comply with the maintenance order can result in
penalties, including imprisonment.

Section 125 CrPC available to Muslim women

The Muslim Women(Protection of Right on Divorce) Act, 1986 only applies to Muslim women who
have recently divorced; it does not apply to women whose marriages are still intact.The Supreme
Court of India has affirmed a Muslim woman's right to maintenance under section 125 Crpc in a
number of rulings after taking into account the predicament of Muslim women who are ignored and
denied their right to be maintained by their husbands. The supreme court has gone a step further by
granting a divorced Muslim woman the ability to file a claim for support under section 125 CrPC.

In the case of :
Shabana Bano vs Imran Khan2
According to the ruling, a Muslim woman who has been divorced is still eligible to sue her ex-
husband for maintenance under Section 125 of the Cr.P.C. after the iddat period has passed as long as
she doesn't get remarried.

2
MANU/SC/1859/2009
 Analysis
Objective: Right to claim maintenance for husband.

Provision:

The Hindu Marriage Act of 1955 grants men the ability to request maintenance from their wives in
certain situations. Contrary to popular belief, which holds that wives often seek maintenance from
husbands, the law recognizes that both spouses have an equal obligation to maintain one another in
accordance with their financial means.

The Hindu Marriage Act's Section 24 enables either the husband or the wife to ask the court for
temporary support while any continuing legal actions under the Act are pending. This clause's main
goal is to prevent either party from suffering financial hardship while court cases, such divorce or
judicial separation, are pending.

 According to Section 24, a "deserving man" who lacks an independent source of income
adequate to sustain himself and does not have the funds to cover the costs of the case may, if his
wife can afford it, make a maintenance claim against her.

 Permanent alimony and maintenance might be paid to the spouse under Section 25. In
consideration of the wife's income and assets, it requires the woman to pay such a gross amount,
monthly payment, or periodic payment for the duration of the husband's life. If the court
determines that the situation has changed, the order may be modified. For instance, in a mutual
consent divorce, the court may award maintenance if the parties agree not to make a maintenance
claim and the circumstances and facts of the case warrant it.

Conditions:

 The spouse must comply with a number of requirements before he may assert his entitlement to
maintenance. Only when he is in extreme need and can demonstrate his inability to work can he
make a claim for maintenance. A capable individual who chooses to do nothing cannot assert
this right.

 The husband is responsible for providing evidence. The husband will need to persuade the court
that he is entitled to be maintained because he is physically or mentally unable to work and
support himself.

Case Laws:

 The Kerala High Court ruled in the matter of Nivya V. M. v. Shivaparsad M. K.3 that if the
husband receives maintenance in the absence of his being unable to work, it will encourage
laziness. To qualify for maintenance, the spouse must first show that his inability to work and
earn is permanent.

 The divorced husband in "Lalit Mohan v. Tripta Devi4" demanded ongoing support from
Tripta Devi, his ex-wife. The respondent (wife) was directed by the High Court to pay Rs. 100
per month in permanent maintenance and Rs. 500 in a single amount as court costs.

 Rani Sethi v. Sunil Sethi5 trial court determined that the wife must pay maintenance and
ordered her to pay the respondent Rs. 20,000 and Rs. 10,000 as litigation expenses in addition to
giving him a Zen car for his use and convenience.

3
2017 (2) KLT 803
4
AIR 1990 Jammu and Kashmir
5
[179 (2011) DLT 414]
 Conclusion
While the men are capable of working for a living on their own, it is not a common practise for them
to request maintenance from their working spouses. Only individuals who are truly and completely
unable to sustain themselves are expected to get assistance under the Hindu Marriage Act's
provisions. As was previously stated, only a "Deserving man" is qualified to assert this privilege.

The payment of maintenance to the husband would reduce the number of divorce proceedings since it
will obligate the woman to support her helpless husband. And the lady would rather stay married
than grant her husband a divorce and maintenance.

According to the Hindu Marriage Act, the right to maintain is granted to both the husband and the
wife, making maintenance law a gender-equal legislation. Other statutes, including Section 125 of
the CrPC, claim to be biased against women because they exclusively grant this privilege to wives.
As a result, applications have been filed in the Supreme Court challenging these other laws.

The law is often permissive in a wife's case, and nearly always the wife is permitted to request
maintenance from the husband. However, this is not the case in a men's case. There are tight
limitations even though this ability is only given to spouses under one piece of legislation. So that
spouses may exercise their rights and uphold equality in society, more laws should be made and
included into already existing laws.