Article shared by. Legal provisions regarding order for maintenance of wives and children under section of the Code of Criminal Procedure, 13 Apr Section of crpc provide for a fast and effective, It provides a remedy against those persons who refuse to maintain their dependent wives. 24 May Madras High Court: The Single Judge Bench comprising of M.V. Muralidaran J., held that “If the husband is healthy, able-bodied and in a.

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The right conferred upon the wife by the provisions of Section seciton independent of personal law and to claim protection of Mohammedan Law in derogation of the statutory provisions of the Code is not permissible.

The fact of the parties have lived together as husband and wife for a long time would be relevant to raise only a presumption in law of their being husband and Wife. Whether strict proof of marriage is essential for a claim of maintenance under Section Cr. Whether the living together of a man and woman as husband and wife for a considerable period of time would raise the presumption of a valid marriage between them and whether such a presumption would entitle the woman to maintenance under Section Cr.

She should get maintenance because she can survive and fight the case with full power. It is possible for the Muslim spouses to opt to be governed by the provisions of the Code of Criminal Procedure by virtue of a provision in that Act.

As per Section 4 of the Code of Criminal Procedure, no wife shall be entitled to receive an allowance for the maintenance or the sectioh maintenance and expenses of proceeding, as the case may be, from her husband under Section if sectiion is living in adultery. xection

However, the Magistrate may order the father of a minor female child referred to in Section 1 b to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.


Ram Saran died on 7. The next question as to whether claim of maintenance can be sought under Section. File Your Copyright – Right Now! A wife is entitled to maintenance under Sectionirrespective of the fact that she is not entitled to maintenance under the personal law. However, in the case of divorce by mutual ssection if the wife had relinquished her right to maintenance, she cannot later claim maintenance. His father or mother: In Savitaben Somabhai Bhatiya v. State of Gujarat, it was held that Section of the Code has been enacted in the interest of a wife and one who wants to take the benefit under sub-section l a of Section has to establish that she is the wife of the person concerned.

Any other interpretation would lead the woman to vagrancy and destitution, which the provision of maintenance in Section is meant to prevent. However a married daughter is not entitled to cr;c under Section if she has cr;c majority. According to Section 1 of the Code of Criminal Procedure, the person from whom maintenance is claimed must have sufficient means to maintain the person or persons claiming maintenance.

The disgruntled persons in the relationship think that since there was no legally recognized marriage, they cannot resort to the law in acquiring their property back or in some instances getting compensation.

Section crpc – right to maintenance of wife living in destitution

Sections provides a self-contained speedy procedure for a man to maintain his wife, children and parents. If the fact of legally valid marriage is disputed, the applicant will have to prove marriage. The appellant was married off in accordance with the local custom of Katha and Sindur.


The application of maintenance can be filled to the magistrate and you can give an application for this. A divorced wife cannot be characterised as a wife sectionn separately by mutual consent.

Order for maintenance of wives and children (Section 125 of CrPc)

As per Sectoin 1 a of the Code, maintenance to a wife can be granted when she is unable to maintain herself. The primary justification for their inclusion in the Criminal Procedure Code. If she had remarried to someone else then she cannot claim for maintenance under section of crpc. Campbell Law Rep.

It is not quite clear from the section whether father or mother will also mean the adoptive father or mother or stepfather or stepmother. The wife may sectiom of any age—minor or major. The amount of maintenance under section of crpc will be decided on the basis of the living before the separation and income of the husband.

Section in The Code Of Criminal Procedure,

Section does not contemplate the mother ssction pay maintenance to father or son and daughter, as the case may be. The wife need not specifically plead that she is unable to maintain herself. Chanmuniya Virendra Kumar Singh Kushwaha and Anr 1 held that “Where partners lived together for a long spell as husband and wife, a presumption would arise in favour of a valid wedlock” Facts of the Case: But there is an inseparable condition which has also to be satisfied that the wife was unable to maintain herself.

Our team of writers tries their best to provide the correct information always with a unique choice of words to deliver the information correctly to you. The child may be male or female.