Description

Key Provisions of Section 125 of the CrPC:

Under Section 125, if a husband refuses or neglects to maintain his wife, children, or parents, then the wife, children, or parents may apply to a Magistrate for an order of maintenance. The Magistrate may order the husband to make a monthly allowance for the maintenance of his wife, children, or parents, as the case may be. The amount of maintenance may vary depending on the financial position of the husband and the needs of the dependent family member.

One of the most important provisions of Section 125 is that it applies to all religions, including Hindus, Muslims, Christians, and others. This means that any wife, child, or parent who is unable to support themselves financially can approach the court for maintenance, regardless of their religion. Additionally, the provision applies to both wives who are married under personal law and those who are married under the Special Marriage Act.

Another important provision of Section 125 is that it allows for an interim order of maintenance. This means that a wife, child, or parent who is in urgent need of financial support can apply for an interim order, which will be valid until a final order is passed. The interim order may be passed after the husband is served with notice of the application and has an opportunity to be heard. It is important to note that the interim order can be modified or cancelled at any time during the proceedings.