CONTENTS

SL.No PARTICULARS Pg.No

1 STATEMENT OF PROBLEM 2

ABSTRACT

RESEARCH QUESTIONS

2 RESEARCH OBJECTIVES 3

RESEARCH METHODOLOGY

CASE LAWS

3 INTRODUCTION 4

4 KEY PROVISIONS OF MAINTENANCE UNDER CrPC: 5 – 10

5 INTERIM MAINTENANCE: 11

6 WHEN CAN MAINTENANCE BE DENIED UNDER 11 – 12

SECTION 125 OF CrPC

7 EFFECTIVENESS OF MAINTENANCE PROVISIONS 12 – 13

8 CHALLENGES IN ADMINISTRATION 13 – 19

9 LEGAL PRECEDENTS AND CASE LAWS 15 – 16

10 RECOMMENDATION FOR REFORM 17

11 CONCLUSION 17 – 18

12 BIBLIOGRAPHY 19

Page 1 of 19
 ANALYSIS OF PROVISIONS RELATING TO MAINTAINANCE UNDER CrPC

STATEMENT OF PROBLEM

The problem, this research aims to address is the potential ambiguity or inconsistency within
the CrPC's maintenance provisions. These inconsistencies can lead to challenges in securing
fair and timely maintenance awards for dependents.

ABSTRACT

Maintenance laws under the Criminal Procedure Code (CrPC) play a crucial role in
safeguarding the rights of dependents and ensuring their financial security. This research
paper delves into the provisions concerning maintenance under CrPC, scrutinizing their
implementation, effectiveness, and potential areas of improvement. Through a comprehensive
analysis of relevant legal provisions, case laws, and scholarly literature, this paper aims to
provide insights into the challenges faced in administering maintenance laws and proposes
recommendations for enhancing their efficacy.

Keywords: Maintenance, Criminal Procedure Code (CrPC), Dependents, Legal Provisions,

Implementation, Effectiveness, Challenges, Recommendations.

RESEARCH QUESTIONS

1. What are the key provisions related to maintenance under the Criminal Procedure Code?
2. How effectively are these provisions implemented in ensuring financial support for
dependents?
3. What are the challenges encountered in the administration of maintenance laws under CrPC?
4. What are the legal precedents and case laws shaping the interpretation and application of
maintenance provisions?
5. What recommendations can be proposed to improve the efficacy of maintenance laws under
CrPC?

Page 2 of 19
 RESEARCH OBJECTIVES

1. To analyze the relevant provisions pertaining to maintenance under the Criminal Procedure
Code.
2. To assess the effectiveness of these provisions in providing financial support to dependents.
3. To identify and examine the challenges faced in the implementation of maintenance laws.
4. To review case laws and legal precedents influencing the interpretation and application of
maintenance provisions.
5. To propose recommendations for enhancing the efficacy and administration of maintenance
laws under CrPC.

RESEARCH METHODOLOGY

This research will employ a doctrinal methodology, involving a comprehensive review and
analysis of statutory provisions and case laws related to maintenance under the Criminal
Procedure Code. The analysis will focus on identifying patterns, inconsistencies, and
deficiency in the existing legal framework. Additionally, qualitative methods, such as content
analysis and comparative analysis, will be employed to draw insights and formulate
recommendations for policy reform.

CASE LAWS

1. Bakulbai Vs. Gangaram (1988) 0 MPLJ 218

2. Moti Ram V. 1st Additional District Judge, Bareilly II(1992)DMC27
3. Ahmedullah v. Mafizuddin Ahmed, (1956) AIR 75
4. Mohammad Ahmed Khan v. Shah Bano Begum, (1985) 3 SCC 844
5. Bai Tahira vs. Ali Hasan [AIR 1979 SC 362]
6. Githa vs. Ramesh [AIR 2010 SC 273]
7. Jayashri Rajwade v. Vibhas Kulkarni, 1982 CriLJ 525
8. Vijaya Manehar Arabat v. Kashirao Rajaram Sawai, AIR 1985 SC 313

Page 3 of 19
 INTRODUCTION

The Code of Criminal Procedure (CrPC) in India plays a crucial role in ensuring financial
support for dependents through its maintenance provisions. This framework, outlined in
Sections 125 to 128, empowers spouses, children, and parents to claim maintenance from
those legally obligated to support them. While the exact definition of "maintenance" remains
open to interpretation, it generally encompasses essential needs like food, clothing, housing,
and education.

Maintenance laws, as delineated within the framework of the Criminal Procedure Code
(CrPC) in India, serve as a vital mechanism for upholding the financial stability and welfare
of dependents. These provisions are crafted to address situations where individuals, such as
spouses, children, and parents, are unable to sustain themselves due to various circumstances.
However, despite their crucial role, the administration of maintenance laws under CrPC often
encounters challenges that impede their effective implementation. This research aims to delve
into the intricacies of maintenance provisions within the CrPC, shedding light on their
application, efficacy, and areas of improvement.

The core objective behind these provisions is to prevent destitution and homelessness,
particularly for vulnerable groups like women and children. These laws also fall under the
ambit of Article 151 (prohibiting discrimination based on sex) and Article 392 (guaranteeing
an adequate standard of living) of the Indian Constitution.

This paper will delve deeper into the CrPC's maintenance framework, analyzing its key
provisions, effectiveness, and challenges in implementation. We will explore who can claim
maintenance, the conditions for granting it, and the process for filing a petition. Additionally,
we will examine landmark cases that have shaped the understanding and application of these
laws. Finally, the paper will propose recommendations for strengthening the efficacy of
maintenance laws under the CrPC.

1
The Constitution of India: Article 15.
2
The Constitution of India: Article 39.

Page 4 of 19
 KEY PROVISIONS OF MAINTENANCE UNDER CrPC:

Scope and Applicability

 Sections 125 to 128 of the Criminal Procedure Code (CrPC) govern the provisions related to
maintenance.
 These provisions apply to individuals who are unable to maintain themselves and are entitled
to claim maintenance from specific relatives.
 Provision for Maintenance With Reference To Section 125 Of Criminal Procedure Code:-
Section 125 of Cr.P.C deals with order for maintenance of wives, children and parents.3
1. If any person having sufficient means neglects or refuses to maintain.
2. His wife, unable to maintain herself, or
3. His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
4. 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
5. His father or mother, unable to maintain himself or herself.

 Maintenance of Wife:

Section 125(1)(a)4 of the CrPC outlines the entitlement of a wife to claim maintenance from
her husband if he neglects or refuses to provide support.

The term "wife" includes a woman who has been divorced and has not remarried, irrespective
of her age.

The amount of maintenance is determined by the Magistrate based on factors such as the
husband's means and the wife's needs.

Section 125(1)(a) of the Code stipulates that if a person neglects or refuses to maintain his
wife, who is unable to sustain herself, a Magistrate may order him to pay a monthly allowance

3
Solanki., S. (2017) ‘Study on law relating to maintenance in India with special reference to personal laws and
criminal procedure code.’, International Journal of Advanced Research, 5(9), pp. 208–216.
doi:10.21474/ijar01/5318. [last visited on 28th March 2024]
4
The Criminal Procedure Code, 1973: Section 125(1)(a)

Page 5 of 19
 for her maintenance. This includes divorced wives who haven't remarried, regardless of age,
provided the marriage is legally recognized. The term 'unable to maintain herself' does not
require extreme destitution but signifies the inability to meet basic needs without resorting to
begging or destitution.

In Bakulbai V. Gangaram5: It has been established that a woman who becomes the second
wife of a man who already has a living spouse at the time of the second marriage does not
have the right to receive maintenance. Even if the second wife is unaware of the existence of
the previous marriage, she is not entitled to make a claim for maintenance.

Maintenance can be denied if the wife is living in adultery, refuses to live with her husband
without reason, or if they are separated by mutual consent. The purpose of maintenance
proceedings, as highlighted in Chaturbhuj v. SitaBai, is not to penalize past neglect but to
prevent destitution.

The burden initially lies on the wife to prove her husband's means. Even if she earns some
income, she can claim maintenance if she can't adequately sustain herself. Courts assess
whether a wife can maintain herself as she did while married, based on factual findings. This
right to maintenance under Section 125 is statutory and overrides personal laws.

Section 125 of the Cr. P.C. is applicable to Muslims including divorced Muslim women,
irrespective of fact that in Muslim personal law, wife ceases to be wife on Talaq. Muslim
husband is liable to provide maintenance for divorced wife who is unable to maintain herself,
so long as she had not remarried.6

5
Bakulbai Vs. Gangaram (1988) 0 MPLJ 218
6
Singh, R.K. (2017) Textbook on Muslim law Vol 1. 3rd edn. Universal Law Publishing.

Page 6 of 19
 Maintenance of Children:

Section 125(1)(b)7 of the CrPC extends the provision of maintenance to children who are
unable to maintain themselves.

A child, as defined by the Indian Majority Act of 1875, may not necessarily be a minor but
must be incapable of self-maintenance due to physical or mental disability or injury.

Maintenance is provided regardless of the child's legitimacy, and even married daughters may
be eligible under certain circumstances.

Section 125(1)(b) and (c) of the Code of Criminal Procedure mandates maintenance for minor
children, regardless of legitimacy, marital status, or physical/mental capabilities. A Magistrate
may order a person with sufficient means to provide a monthly allowance for the child's
upkeep if neglect or refusal is proven. The obligation continues until the child reaches
majority.

For minor female children, the father's obligation persists even if married, if the husband lacks
the means to support her, as determined by the Magistrate. A "minor" is defined under the
Indian Majority Act, 1875, as someone under 18 years old, legally unable to engage in
contracts or enforce claims.

Even after the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986,
Muslim minor girls are entitled to maintenance from their fathers, ensuring legal protection
for the welfare of minor children.

In Moti Ram V. 1st Additional District Judge, Bareilly8: Wife filed a petition for support for
both her and her little kid. The marriage was previously ruled void, and the daughter was not
impleaded as an applicant. Daughter's application was upheld as maintainable. It was decided
that "A woman may have a terrible character, but she may still be entitled to an order for
maintenance for an illegitimate child provided she establishes that the person being sued is the
child's father.

7
The Criminal Procedure Code, 1973: Section 125(1)(b)
8
Moti Ram V. 1st Additional District Judge, Bareilly II(1992)DMC27

Page 7 of 19
 In Md. Raziban Alam v. State of Bihar, court held that under section 125 of the Cr. P.C., a
divorced Muslim woman is entitled to claim maintenance for her minor children for 2 years
from the date of birth of infant.9

 Maintenance of Parents:

Section 125(1)(c)10 of the CrPC allows parents who are unable to maintain themselves to
claim maintenance from their children.

The term "parent" includes both the father and the mother, and maintenance can be sought
from any child who has sufficient means.

Under Section 125(1)(d) of the Code of Criminal Procedure, if a person neglects or refuses to
support their unable-to-maintain father or mother, a first-class Magistrate can order them to
provide a monthly allowance for the parent's maintenance.

Both sons and daughters in Indian society have a responsibility to care for their parents,
regardless of marital status, ensuring gender doesn't limit this duty.

While the law doesn't explicitly mention adoptive or step-parents, the General Clauses Act
clarifies that 'father' includes adoptive fathers, and courts have inferred the same for mothers.
However, stepmothers are typically not considered 'mothers' under Section 125, unless they
are childless, widowed, or their husband is incapable of support.

If multiple children exist, parents can seek maintenance from any one or more of them,
irrespective of their residence.

Section 125(1) specifies that only husbands, fathers, sons, or daughters are obliged to pay
maintenance to their respective family members under certain circumstances, without
requiring mothers to pay maintenance to fathers or children.

9
Singh, R.K. (2017) Textbook on Muslim law Vol 1. 3rd edn. Universal Law Publishing.
10
The Criminal Procedure Code, 1973: Section 125(1)(c)

Page 8 of 19
 Interpretation of Maintenance:
 Maintenance includes provisions for food, clothing, residence, education, and medical
treatment, as established by case law and legal precedents.
 Courts have interpreted maintenance broadly to encompass all necessities required for a
dignified standard of living, ensuring that dependents are not deprived of basic essentials.

Ahmedullah V. Mafizuddin Ahmed:11 It was decided that maintenance also covers

educational costs. In accordance with Section 3(b) of the Hindu Adoptions and Maintenance
Act, 1956, maintenance includes:

i. In all circumstances, provision for food, clothing, residence, education, and treatment.
ii. In the event of an unmarried daughter, also the reasonable costs of and sequel to her marriage.

"Nafaqah," which literally translates to "what a person spends over his family," is the
equivalent of "maintenance" in Muslim law. Mulla claims that the term "maintenance" has
come to mean "food, raiment (clothing), and lodging."

 Procedure for Maintenance:

Section 126 of the Code of Criminal Procedure (CrPC) outlines the procedure for
maintenance proceedings. These proceedings can be initiated in the district where the
individual subject to the maintenance order resides, where the applicant (the person seeking
maintenance) resides, or where they last lived together. During the proceedings, evidence
must be presented in the presence of the individual against whom maintenance is sought. If
that person intentionally avoids being served with summons, evidence may be heard ex-parte,
meaning in their absence.

 Alteration in Allowance:
 Section 12712 of the Code of Criminal Procedure (CrPC) outlines the procedure for altering
maintenance allowances. This alteration can involve either an increase or decrease in the
monthly allowance based on changes in the circumstances of the parties involved.

11
Ahmedullah v. Mafizuddin Ahmed, (1956) AIR 75
12
The Criminal Procedure Code, 1973: Section 127

Page 9 of 19
 As per Section 127(1), if a magistrate has previously issued an order for maintenance under
Section 125, but the current conditions of the parties have changed, the magistrate has the
authority to modify the allowance accordingly.
 Under Section 127(2), if a decision from a competent Civil Court suggests that an order made
under Section 125 should be revoked, the magistrate is obligated to cancel or revoke such an
order.
 Section 127(3) stipulates instances where a maintenance order in favor of a woman under
Section 125 may be canceled by the magistrate. These instances include if the woman
remarries after divorce, if she receives maintenance under personal laws post-divorce, or if
she voluntarily relinquishes her right to maintenance.
 Furthermore, according to Section 127(4), when a decree for the recovery of maintenance or
dowry is being considered by the Civil Court, any amounts already paid to the person as
monthly allowance for maintenance or interim maintenance under Section 125 must be taken
into account.13

 Enforcement of Maintenance Orders:

Section 12814 Section 128 of the Code of Criminal Procedure (CrPC) addresses the
enforcement of maintenance orders. It stipulates that a copy of the order issued under Section
125, which pertains to maintenance, is to be provided free of charge to the individual in
whose favor the order is made. If the order is in favor of children, the copy is given to their
guardian.
In cases where a Magistrate has issued an order under Section 125, any Magistrate in India
has the authority to enforce this order in the area where the individual responsible for
providing maintenance resides. However, before enforcement, the Magistrate must fulfill two
conditions: confirm the identities of the parties involved and verify evidence demonstrating
the failure to make the required maintenance payments.

13
https://www.legalserviceindia.com/legal/article-11821-maintenance-under-section-125-128.[last visited on 28th
March 2024]
14
The Criminal Procedure Code, 1973: Section 128

Page 10 of 19
 INTERIM MAINTENANCE:

 The Magistrate (judge) overseeing the case can order the person responsible for maintenance
(like a husband or adult child) to pay an interim monthly amount to their spouse, child, or
parent while the main case is ongoing.
 The court can also include reasonable expenses to cover the cost of the legal proceedings in
this interim order.
 Ideally, the court should decide on interim maintenance and expense allowance within 60
days of serving notice to the person responsible for the payments. This ensures the dependent
receives some financial support while waiting for the final judgment.

WHEN CAN MAINTENANCE BE DENIED UNDER SECTION 125 OF CrPC

Section 125 of the CrPC is designed to ensure financial support for dependents. However,
there are situations where a court might deny maintenance claims.

1. Financial Independence: If the person claiming maintenance has the means to support
themselves, the court may reject the claim.

2. Remarriage: A wife who remarries after receiving maintenance from her former husband
loses the right to claim further maintenance from him.

3. Sufficient Resources: If the dependent has enough resources or income to meet their needs,
the court might deny maintenance.

4. Adultery: A wife found to be living in adultery may be denied maintenance under Section
125.

5. Lack of Reciprocity: If the dependent has not fulfilled their own obligation to support the
person they're claiming maintenance from (like adult children neglecting their aged parents),
the court may deny the claim.

Page 11 of 19
6. Unreasonable Refusal to Live Together: If the dependent refuses to live with the person
responsible for their maintenance without a good reason, the court may deny the claim.

7. Adult Children Not in Education: Adult children who are no longer pursuing education might
not be eligible for maintenance, especially if they are capable of earning a living.

The burden of proof lies with the person who is resisting the maintenance claim. They need to
convince the court that the dependent doesn't qualify for support. The court will carefully
consider evidence from both sides before making a final decision.

EFFECTIVENESS OF MAINTENANCE PROVISIONS

In evaluating the effectiveness of maintenance provisions in providing financial support to

dependents, several key factors need to be considered:

Accessibility:

 Accessibility refers to the ease with which individuals can access the maintenance provisions
outlined in the Criminal Procedure Code (CrPC).
 Factors affecting accessibility include awareness of rights, availability of legal aid services,
and ease of navigating the legal process.
 Lack of awareness about maintenance rights among potential claimants, particularly in
marginalized or rural communities, can hinder accessibility.
 The availability of legal aid services and support mechanisms can improve accessibility by
assisting individuals in filing maintenance claims and navigating the legal system.

Adequacy of Support:

 Adequacy of support assesses whether the maintenance awarded under CrPC provisions is
sufficient to meet the needs of dependents.
 The adequacy of support depends on various factors, including the financial capacity of the
provider, the standard of living of the dependents, and prevailing economic conditions.

Page 12 of 19
 Maintenance awards should be determined based on a holistic assessment of the dependents'
needs, including housing, clothing, food, education, and healthcare.
 In cases where the awarded maintenance is deemed inadequate, dependents may struggle to
meet their basic needs, leading to continued financial insecurity.

Timeliness of Awards:

 Timeliness of awards refers to the promptness with which maintenance orders are issued and
enforced by the judiciary.
 Delays in the adjudication of maintenance claims can exacerbate the financial hardships faced
by dependents, particularly in cases of urgent need.
 Factors contributing to delays include court backlogs, procedural complexities, and the
adversarial nature of litigation.
 Timely issuance of maintenance orders is crucial to ensuring that dependents receive timely
financial support and do not endure prolonged periods of uncertainty.

CHALLENGES IN ADMINISTRATION

Challenges in Administration of Maintenance Laws under CrPC:

Procedural Delays:

Procedural delays are a significant challenge in the administration of maintenance laws under
CrPC. Delays occur at various stages of the legal process, from the filing of maintenance
petitions to the issuance of maintenance orders.

Courts often face a backlog of cases, leading to long waiting periods for hearings and
adjudication of maintenance claims. This delay can exacerbate the financial hardship faced by
dependents who are awaiting maintenance support.

The complex legal procedures involved in maintenance proceedings, including the gathering
of evidence and examination of witnesses, can contribute to further delays in the resolution of
cases.

Page 13 of 19
Enforcement Issues:

Despite the issuance of maintenance orders by magistrates, enforcement of these orders poses
a significant challenge. Non-compliance by the party obligated to pay maintenance is
common, leading to prolonged legal battles and frustration for the dependent.

Enforcement mechanisms, such as the issuance of warrants for collection of unpaid

maintenance or holding the defaulter in custody, may not always be effective in compelling
compliance.

Lack of coordination between different agencies responsible for enforcement, such as law
enforcement authorities and court-appointed officials, can also hinder the timely execution of
maintenance orders.

Lack of Awareness:

A lack of awareness about maintenance laws and procedures among the general population,
especially among potential beneficiaries, is another challenge.

Many individuals, particularly women and marginalized groups, may not be aware of their
rights to claim maintenance under CrPC or may face barriers in accessing legal information
and assistance.

Lack of legal literacy and awareness campaigns further exacerbates the problem, as
individuals may not know how to navigate the legal system to seek maintenance support.

Socio-cultural Barriers:

Socio-cultural factors, including stigma and social norms, can create barriers for individuals
seeking maintenance, particularly women.

Dependents, especially women, may face societal pressure or familial resistance when
asserting their rights to claim maintenance from their spouses or family members.

Cultural norms that prioritize familial harmony over legal rights may discourage individuals
from pursuing maintenance claims, fearing social banish or retaliation.

Page 14 of 19
 LEGAL PRECEDENTS AND CASE LAWS

Wife's Right to Maintenance

 Mohammad Ahmed Khan v. Shah Bano Begum:15 This case marked a pivotal moment in the
interpretation of maintenance rights for Muslim women under Section 125 of the Criminal
Procedure Code. The Supreme Court ruled that Muslim women are entitled to claim
maintenance beyond the Iddat period if they are unable to support themselves, regardless of
remarriage. However, this decision sparked controversy and led to the enactment of the
Muslim Women (Protection of Rights on Divorce) Act, 1986, which restricted the application
of maintenance provisions for Muslim women.
 Bai Tahira vs. Ali Hasan:16 This Supreme Court judgment established that a divorced wife can
claim maintenance under Section 125 CrPC, even if she hasn't applied for maintenance under
a personal law like the Dissolution of Muslim Marriage Act.

Live-in Relationships and Maintenance:

 Githa vs. Ramesh:17 This case recognized the right of a woman in a long-term live-in
relationship to claim maintenance under Section 125 CrPC if she can establish a relationship
akin to marriage and has a child from the relationship.

Court pointed out that daughter-in-law has no claim against her parents-in-law vis-à-vis
maintenance. It was noted that Section 125, CrPC envisages that a wife, minor children can
lay a claim for maintenance; similarly, parents can maintain a petition against their major
children.18

15
Mohammad Ahmed Khan v. Shah Bano Begum, (1985) 3 SCC 844
16
Bai Tahira vs. Ali Hasan [AIR 1979 SC 362]
17
Githa vs. Ramesh [AIR 2010 SC 273]
18
https://www.scconline.com/blog/post/2024/03/12/can-daughter-in-law-claim-maintenance-parents-in-law-
s125-crpc-karnataka-hc-legal-news/[last visited on 29th March 2024]

Page 15 of 19
 Maintenance to Children

 Jayashri Rajwade v. Vibhas Kulkarni:19 This case addressed the question of whether a
husband can claim maintenance from his wife under Section 125 of the Criminal Procedure
Code. The Bombay High Court ruled that a husband's application for maintenance under
Section 125 is not maintainable if there exists a legal prohibition preventing him from
claiming maintenance from his wife. The judgment clarified that while a husband may seek
maintenance through civil proceedings, Section 125 does not extend to husbands seeking
maintenance from their wives.

Quantum of Maintenance:

 Pradeep Kumar v. Smt. Bhawana & Anr (2022) [Delhi High Court]
Evolving Jurisprudence: Courts are increasingly considering factors like the husband's
lifestyle, the wife's standard of living before separation, and the child's educational needs
when determining the quantum of maintenance.

Maintenance to Parents

 Vijaya Manehar Arabat v. Kashirao Rajaram Sawai:20 In this case, the Supreme Court
addressed the eligibility of parents, specifically stepfathers and stepmothers, to claim
maintenance from their married daughters under Section 125 of the Criminal Procedure Code.
The court held that while the language of the provision refers to "his father" and "his mother,"
it does not preclude parents, including step-parents, from seeking maintenance from their
daughters. However, certain conditions must be met, such as demonstrating the daughter's
independent means and the parent's inability to support themselves.

19
Jayashri Rajwade v. Vibhas Kulkarni, 1982 CriLJ 525
20
Vijaya Manehar Arabat v. Kashirao Rajaram Sawai, AIR 1985 SC 313

Page 16 of 19
 RECOMMENDATION FOR REFORM

1. Streamlining Procedures: Simplify the procedural complexities involved in maintenance

proceedings under CrPC to expedite case adjudication and reduce delays in awarding
maintenance.
2. Enhancing Awareness: Implement awareness campaigns and legal literacy programs to
educate the public, particularly marginalized groups, about their rights to claim maintenance
under CrPC and the process for accessing legal assistance.
3. Strengthening Enforcement Mechanisms: Improve coordination between law enforcement
authorities and court-appointed officials to ensure effective enforcement of maintenance
orders, including the timely collection of unpaid maintenance and sanctions for non-
compliance.
4. Reviewing Quantum of Maintenance: Establish clear guidelines for determining the quantum
of maintenance, taking into account factors such as the financial capacity of the provider, the
needs of the dependents, and prevailing economic conditions.
5. Leveraging Technology: Utilize technology, such as online platforms for filing maintenance
petitions and tracking case status, to improve accessibility and transparency in maintenance
proceedings.
6. Periodic Review and Evaluation: Establish mechanisms for periodic review and evaluation of
maintenance laws and procedures to identify emerging challenges and opportunities for
reform, ensuring continuous improvement in the administration of justice.

CONCLUSION

The analysis of maintenance provisions under the Criminal Procedure Code (CrPC) highlights
their critical role in safeguarding the rights of dependents and ensuring their financial
security. Through an examination of key provisions, including those pertaining to spouses,
children, and parents, it becomes evident that the CrPC establishes a framework aimed at
preventing destitution and homelessness among vulnerable groups. However, the
effectiveness of these provisions is hindered by various challenges.

Furthermore, legal precedents and case laws have played a significant role in shaping the
interpretation and application of maintenance provisions under the CrPC. Landmark

Page 17 of 19
judgments have provided clarity on the rights of Muslim women to claim maintenance and
expanded the scope of maintenance beyond personal laws and have addressed issues related
to maintenance in live-in relationships and the eligibility of parents, including step-parents, to
claim maintenance from their children. These legal precedents underscore the evolving nature
of maintenance laws and the need for a nuanced understanding of genetic obligations in
contemporary society.

It is imperative to implement recommendations for reform. Ultimately, the goal is to uphold

the principles of justice and equity enshrined in the Constitution and provide a safety net for
vulnerable dependents, thereby fostering a more inclusive and equitable society.

Page 18 of 19
 BIBLIOGRAPHY

STATUTE:

1. The Code of Criminal Procedure, 1973

BOOK:

2. Singh, R.K. (2017) Textbook on Muslim law Vol 1. 3rd edn. Universal Law Publishing.

WEBSITES:

3. https://www.scconline.com/blog/post/2024/03/12/can-daughter-in-law-claim-maintenance-
parents-in-law-s125-crpc-karnataka-hc-legal-news/[last visited on 29th March 2024]
4. https://www.legalserviceindia.com/legal/article-11821-maintenance-under-section-125-
128.[last visited on 28th March 2024]

JOURNAL:

5. Solanki., S. (2017) ‘Study on law relating to maintenance in India with special reference to
personal laws and criminal procedure code.’, International Journal of Advanced Research,
5(9), pp. 208–216. doi:10.21474/ijar01/5318.[last visited on 28th March 2024]

Page 19 of 19