Family Court maintenance

As per Section 125(1) of the Code, only a husband or a father or a son or a daughter, as the case may be, to pay maintenance to the respective persons, namely, wife, child, father or mother, under certain circumstances.Maintenance can be claimed by the wife under Section 125, Cr. ... Not separated by mutual consent-When both spouse mutually agrees to live separately and have not divorced then the wife cannot claim maintenance from her spouse since she had agreed to stay separately from him and he did not desert her

Section 125(1) in The Code Of Criminal Procedure, 1973 states that if any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself, or his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or, his father or mother such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.

Section 128 - Enforcement of Order of Maintainance states that a copy of the order of maintenance or interim maintenance and expenses of proceeding, as the case may be shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance or as the case may be expenses, due.

However, a maintenance petition filed under Section 125 of the CrPC provides a speedy, quick, and accessible remedy to all the aggrieved irrespective of personal laws. 

Regards,

Anaita Vas