Maintenance | Criminal Law - CLAT PG PDF Download

Victim Compensation 

When the Court recommends compensation, the District Legal Service Authority or the State Legal Service Authority determines the amount to be awarded.

• The State or District Legal Services Authority can provide immediate first-aid or medical benefits free of charge to the victim, based on a certificate from a police officer of a certain rank, a Magistrate, or other appropriate authority.
• Under Section 357B, compensation from the State Government under Section 357A is in addition to any fine imposed on the victim under specific sections of the Indian Penal Code (IPC).
• Section 357C mandates that all hospitals, public or private, must provide free first-aid or medical treatment to victims of certain offenses under the IPC and inform the police about the incident.

Maintenance 

Introduction 

• The Code of Criminal Procedure, 1973 does not define the termmaintenance  . However, it provides for the maintenance of wives, children, and parents under Sections 125 to 128.
• Section 125 is a substantive provision that grants the right to maintenance to certain individuals, despite the Code being primarily procedural in nature.

Nature and Scope 

• Section 125 empowers a Judicial Magistrate First Class to order maintenance payments from individuals with sufficient means who neglect or refuse to support their wives, children, or parents unable to support themselves.
• The purpose of Section 125 is to prevent starvation, destitution, and vagrancy among dependants.
• Maintenance  is broadly interpreted to include basic necessities such as food, clothing, shelter, and other essentials.
• Under Section 125, the Magistrate exercises preventive jurisdiction rather than punitive or penal authority.

Constitutional Basis 

• Article 15(3) of the Constitution allows the state to make special laws for women and children, which justifies the enactment of Section 125.
• Article 39 of the Constitution affirms the right to an adequate livelihood for all individuals, regardless of gender.
• Section 125 protects the rights of women, children, and parents, who are vulnerable sections of society, and is therefore not arbitrary under Article 14.

Eligibility for Maintenance Claims 

• Wife: 
  • A wife, regardless of age, can claim maintenance if she is unable to support herself, even if she is a minor.
  • Only legally married wives are entitled to maintenance; second wives or mistresses do not qualify.
  • A divorced wife who has not remarried is also entitled to maintenance.
• Children: 
  • Both legitimate and illegitimate minor children, regardless of marital status, can claim maintenance under Section 125 if they are unable to support themselves. A minor is defined as someone who has not reached the age of majority under the Indian Majority Act.
  • A father's obligation to support his married minor daughter continues until she reaches the age of majority, even if her husband is also a minor.
  • A child loses the right to claim maintenance from the father upon reaching majority, unless they are unable to support themselves due to physical or mental disability. If the child is a married daughter, her husband is responsible for her maintenance.
  • The child's right to claim maintenance from the father is independent of the mother's right. Therefore, a child can claim maintenance even if the mother is not entitled to it.
• Parents: 
  • An individual is obligated to maintain their father or mother if they are unable to support themselves.
  • This includes step-fathers, step-mothers, and adoptive mothers.
  • A married daughter may also be required to support her parents. A married daughter can be held liable for maintaining her parents.

Conditions for Maintenance Claims 

• To be eligible for maintenance under Section 125, the applicant must demonstrate an inability to support themselves.
• The respondent from whom maintenance is sought must possess sufficient means to provide for the applicant.
• For a wife claiming maintenance:
• She must not be engaged in adultery.
• She must not have refused to live with her husband without valid reasons.
• She must not be living apart by mutual consent.

Procedure for Maintenance Claims (Section 126) 

• Proceedings can be initiated against an individual in any district based on:
  • His residence
  • His wife's residence
  • Where he last resided with the mother of the illegitimate child
• The Magistrate must record evidence in the presence of both parties or their legal representatives.
• If a person is intentionally avoiding service or neglecting to attend court, the Magistrate can issue an ex-parte order.
• An ex-parte order can be contested within three months by providing a valid reason for non-appearance.

Amount of Maintenance 

• Before the2001 Amendment Act  , the maintenance amount was fixed at Rs. 500, but this limit was removed.
• The Magistrate has the discretion to grant any amount of maintenance based on the facts and circumstances of the case.
• Maintenance can be calculated from the date of the order or the date of maintenance.
• The Magistrate may also order interim maintenance.

Alteration and Cancellation of Maintenance (Section 127) 

• Maintenance orders can be modified or revoked based on the specific circumstances of each case. Some grounds for alteration or cancellation include:
  • The wife engaging in adultery
  • The wife refusing to live with the husband without valid reasons
  • Mutual consent
  • Divorce
  • Remarriage, etc.

Enforcement of Maintenance Orders (Section 128) 

• Maintenance orders can be enforced by a Magistrate anywhere in India where the person against whom the order is made resides. A copy of the order may be supplied free of cost.

Mode of Enforcement: 

• Warrant for Levying Amount:  The Magistrate can issue a warrant to collect maintenance dues as if it were a fine and may impose imprisonment for up to one month for non-payment. The Magistrate can also attach the property of the person in case of non-payment.
• Limitation:  Applications for issuing warrants must be made within one year from the date when maintenance became due.