Interim Maintenance under section 125 of CRPC

Introduction:

The purpose of Section 125 of the Criminal Procedure Code is to give people who ignore or disregard their responsibility to care for people who are dependent on them a quick, affordable, and effective remedy. In order to attain and uphold societal balance, the section performs a social duty. It falls under Article 15 (3) as well, which is supported by Article 39. The part on women's human rights is significant because they are a legal tool with social significance that is used to protect the rights of the weaker members of society. In a sense, they work to stop malnutrition and squalor related to criminal activity.

Section 125 CrPC's jurisdiction

According to the law, maintenance refers to a sum of money given to a dependent individual, such as a wife, child, or parent, to enable them to sustain themselves financially. It is also described as a word that "includes provision for food, clothing, residence and medical attendance and treatment" under Section 2(b) of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.

The personal laws of the faith to which the couple adhere generally govern these maintenance issues. Although it is relevant to determine the legality of a marriage and cannot be completely eliminated, this section is appropriate to all religions and the customary practices under it has no legal effect. Section 125 does not contradict with any requirements of any personal maintenance statute. If some maintenance has previously been granted under personal law, the magistrate may take that into account when determining the amount to be paid. Otherwise, it is different from the parties' private laws and is truly of a secular nature. 

The clause allows for interim maintenance, which means the courts can order the husband to support his wife while the case is being adjudicated. However, the judge has the authority to amend or even eliminate this sum if the circumstances surrounding the parties to the case change. Such requests may be made in the relevant district. The section's goal is social in character.

Who May File a Maintenance Claim? The CrPC's Section 125

Wife

According to Section 125(1), any woman who is unable to support herself, whether she is an adult or a child, is entitled to maintenance (a). The term "wife" under this clause included a divorced woman who had not remarried, according to Explanation (b). Before the Shah Bano Begum ruling, a divorced wife had no right to maintenance, which significantly harmed women, especially those in the Muslim community. Any of these marriages must be legal according to the law. Despite the sad circumstances, a woman who is in a partnership with a married man is not entitled to maintenance. This may seem unfair, but the Supreme Court ruled that the only way to correct this insufficiency is by legislative action. Since this section is intended to be a tool for social justice and is thus given a broader interpretation, strict proof of marriage is not absolutely necessary. However, the High Courts and the Supreme Court debated this issue until the Supreme Court decided that a man and a woman living together as husband and wife for a reasonable amount of time may be considered under this section as a valid proof for married life and shall be treated as such for matter. Even if she gave her agreement to the second marriage, the first wife still falls under the criteria and is entitled to maintenance if her husband marries again. For the woman to argue for maintenance in this situation, there is no requirement for proof of neglect.

There are some circumstances under which this maintenance may be excused. In accordance with Section 125's subsection (4), the court must determine if the husband has enough money to support his wife; if not, this subsection does not apply. Furthermore, unless the court finds that the wife's decision to live apart from her husband is justifiable, she should not be living in adultery. Even if it is a mutual separation, this still holds true. A woman is not entitled to support if a marriage is declared invalid or nullified in accordance with Section 12 of the Hindu Marriage Act.

Parents

A mother or father who is unable to support herself may be able to make a claim for maintenance from their children under Section 125(1)(d). Although the word "his" is used, it refers to both the parents' male and female children. Indian culture places a societal obligation on children to support their parents, and daughters are no exception to this rule. 

It is unclear whether or not stepfathers and mothers, as well as adoptive fathers and mothers, are included in the definitions of "father" and "mother." In a ruling, the Bombay High Court ruled that although an adoptive father is considered a father under Section 3 (20) of the General Clauses Acts, the term "mother" must be given its ordinary meaning and does not include a stepmother. A stepmother who has no children of her own and whose husband has passed away or, if he is still alive, is unable to support her can seek maintenance from her stepson, according to a later ruling by the Supreme Court that generously interpreted the clause.

In subsection (4), the word "parent" is not used; this has been construed by the High Court of Andhra Pradesh in N. B. Bhikshu v. State of Andhra Pradesh to mean that only a legitimate child has the responsibility to keep their parent and, if there are multiple children, the parent may make a claim against any of the children for failure to fulfil this obligation.

Enforcement of section 125 of the CrPC 

The section's two methods of enforcement are outlined in sub-section (3) and are as follows:

Order for Penalties

• If after the warrant the full or partial amount is still outstanding, imprisonment may continue for up to one month.
• The first proviso to Section 125 sub-section 3provides that no warrants shall be issued unless an application therefor is presented to the court within one year of the date on which such sum becomes due. The Supreme Court has pointed out that the incarceration specified in this provision is not an alternative to the obligation to pay maintenance; rather, it is a method of enforcement to ensure that the obligation is satisfied as soon as possible. Only after the payments have been made is the liability released.

Conclusion

The purpose of Section 125 of the Criminal Procedure Code is to safeguard the rights of dependent individuals who are placed in a more difficult situation than others and who lack the means and resources to support themselves. In these situations, the wives, kids, and parents have typically been involved. To be sure that justice is served to all parties, the courts must assess the circumstances on a case-by-case basis and keep an eye on society, which heavily influences the instrumentality of this section. Moving forward requires that the evolving cultural truths and dynamics be taken into account. The Supreme Court has so far been fairly liberal and versatile in its interpretations, and the High Courts have made decisions in slightly different ways, but this only shows how cultural and societal factors differ from region to region and should be left to the judgement of the courts in such cases unless otherwise required.