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Section 125 of the Criminal Procedure Code (CrPC) primarily deals with which one of the following?
- a)Property seizure regulations
- b)Maintenance of wives, children and parents
- c)Witness protection
- d)Juvenile justice
Correct answer is option 'B'. Can you explain this answer?
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Section 125 of the Criminal Procedure Code (CrPC) primarily deals with...
Maintenance of wives, children and parents
Section 125 of the Criminal Procedure Code (CrPC) primarily deals with providing maintenance to wives, children, and parents who are unable to maintain themselves. This provision is aimed at preventing destitution and ensuring the basic needs of these dependents are met.
Provisions of Section 125
1. Applicability: Section 125 applies to wives, children (legitimate or illegitimate), and parents who are unable to maintain themselves.
2. Scope: It mandates that a person who has sufficient means must provide maintenance to their dependents.
3. Procedure: An application for maintenance can be made to a Magistrate who has the jurisdiction over the concerned area. The Magistrate may pass an order for monthly allowance to be paid by the person who is obliged to provide maintenance.
4. Criteria for Maintenance: The amount of maintenance to be paid is determined based on various factors such as the financial status of the parties, the needs of the dependents, and any other relevant circumstances.
5. Enforcement: If the person obligated to pay maintenance fails to comply with the Magistrate's order, it can be enforced through various mechanisms including attachment of property or imprisonment.
Significance of Section 125
1. Social Welfare: It ensures that vulnerable family members are not left without financial support.
2. Legal Protection: Section 125 provides a legal remedy for dependents who are entitled to maintenance but are not receiving it voluntarily.
3. Gender Equality: It applies to wives and children, irrespective of their gender, ensuring equal rights to maintenance.
In conclusion, Section 125 of the CrPC is a crucial provision that safeguards the rights of dependent family members by ensuring they receive necessary maintenance from those who are obligated to provide it.
Section 125 of the Criminal Procedure Code (CrPC) primarily deals with providing maintenance to wives, children, and parents who are unable to maintain themselves. This provision is aimed at preventing destitution and ensuring the basic needs of these dependents are met.
Provisions of Section 125
1. Applicability: Section 125 applies to wives, children (legitimate or illegitimate), and parents who are unable to maintain themselves.
2. Scope: It mandates that a person who has sufficient means must provide maintenance to their dependents.
3. Procedure: An application for maintenance can be made to a Magistrate who has the jurisdiction over the concerned area. The Magistrate may pass an order for monthly allowance to be paid by the person who is obliged to provide maintenance.
4. Criteria for Maintenance: The amount of maintenance to be paid is determined based on various factors such as the financial status of the parties, the needs of the dependents, and any other relevant circumstances.
5. Enforcement: If the person obligated to pay maintenance fails to comply with the Magistrate's order, it can be enforced through various mechanisms including attachment of property or imprisonment.
Significance of Section 125
1. Social Welfare: It ensures that vulnerable family members are not left without financial support.
2. Legal Protection: Section 125 provides a legal remedy for dependents who are entitled to maintenance but are not receiving it voluntarily.
3. Gender Equality: It applies to wives and children, irrespective of their gender, ensuring equal rights to maintenance.
In conclusion, Section 125 of the CrPC is a crucial provision that safeguards the rights of dependent family members by ensuring they receive necessary maintenance from those who are obligated to provide it.
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Section 125 of the Criminal Procedure Code (CrPC) primarily deals with...
The Supreme Court recently decided to examine a plea on whether a divorced Muslim woman can seek maintenance under Section 125 of the Criminal Procedure Code.
About Section 125 of the Criminal Procedure Code (CrPC):
- It deals with the maintenance of wives, children, and parents.
- It is a legal provision that allows certain categories of individuals to claim financial support from their spouses or children, as the case may be, in the event they are unable to maintain themselves.
- Who Can Claim Maintenance?
- Wife: A wife who is unable to maintain herself can claim maintenance from her husband. The wife is entitled to maintenance if she is unable to support herself. The word "wife" refers to a woman who has been divorced or sought divorce from her spouse and has not remarried.
- Children: Children, whether legitimate or illegitimate, who are unable to maintain themselves and are below a certain age or mentally/physically disabled can claim maintenance from their parents.
- Parents: Under this, both father and mother are entitled to be maintained equally by son and daughter, but the court must be satisfied that the daughter has the means to support herself. Parents also include “Adoptive father” and “Adoptive mother.”
- To successfully claim maintenance under Section 125 CrPC, certain conditions must be met:
- Neglect or Refusal: The person seeking maintenance must demonstrate that the respondent (the person from whom maintenance is sought) has neglected or refused to provide financial support.
- Dependency: The claimant must establish their inability to maintain themselves and their dependency on the respondent for financial assistance.
- Sufficient Means: The person from whom maintenance is claimed must have sufficient means to maintain the person claiming.
- Quantum of Maintenance: The court will determine the amount of maintenance based on various factors like the income and financial capacity of the person liable to pay, the needs of the claimant, and other relevant circumstances. The objective is to ensure that the claimant gets a reasonable and fair amount for their maintenance.
- Duration: Maintenance can be awarded on a monthly basis, and the court can specify a duration for which it should be paid. It can be a temporary or permanent arrangement, depending on the circumstances.
- Enforcement: If the person ordered to pay maintenance does not comply with the court's order, the person seeking maintenance can file an application for the enforcement of the order. The defaulter may face legal consequences for non-compliance.
- The wife is not entitled to receive an allowance from her husband in three cases,
- if she is living in adultery
- if she refuses to live with her husband and without any sufficient cause
- if they are living separately by mutual consent
Hence option b is the correct answer.
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Section 125 of the Criminal Procedure Code (CrPC) primarily deals with which one of the following?a)Property seizure regulationsb)Maintenance of wives, children and parentsc)Witness protectiond)Juvenile justiceCorrect answer is option 'B'. Can you explain this answer?
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