Maintenance Under CrPC Chapter Ix

Crpc-In a country like India, which is based upon the religious philosophy of Vasudev Kodambakkam and constitutional principle of social and economic welfare, legislations on maintenance of family members are very essential[1]. These kinds of legislation ensure protection of livelihood. And a standard of living for each and every member of the family.

In India various personal and secular laws regulate the matter of maintenance. But the chapter of maintenance in Cr.P.C. is much broader in nature than that of any other personal law.  The Criminal Procedure Code of 1973 does not define the word maintenance. Chapter IX, Section 125 of the Criminal Procedure Code deals with ‘Maintenance’ of wives, children and parents. In general maintenance means keeping something in good condition. “Legally speaking maintenance is alimony paid by someone who even after having sufficient means neglects to maintain his former wife, parents and children who are unable to maintain themselves[2]”.

The intention behind the provision of maintenance under Crpc. is not to punish an individual but to ensure protection of the essential rights and standard of living of a victim who is neglect by his family members. The provision of maintenance under Crpc is a secular provision and it has no relation with the personal law of the parties.Member of any religious community can claim maintenance under this chapter[3].

Section 125 of the Crpc provides the list of parties who are entitle to claim maintenance under this chapter.  It includes “Wife from his husband, Legitimate or illegitimate minor child from his father, Legitimate or illegitimate minor child (physical or mental abnormality) from his father, andFather or mother from his son or daughter”[4]. 

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1 These persons can get maintenance only under following circumstances-

1.1 1. Wife –

1.2 2. Child –

1.3 3. Father or Mother –

2 Certain circumstances which are as follow-

3 Section126-

4 Related

These persons can get maintenance only under following circumstances-

1. Wife –

Under the code a married or a divorced wife (either major or minor) can claim maintenance. Under the old code a divorced wife cannot claim maintenance but in the new code she was included in the list of beneficiaries[5]. The supreme court further extended the application of the new code by applying it retrospectively[6].

Although, it has been generally accept by the courts that, the term wife shall only include lawfully weed wife, but with the change in standard and culture of society a need to broaden the ambit of term felt necessary. Therefore, in recent times the Apex court also interpreted live-in-relationships in similar manner as a legal marriage[7]. Furthermore, after the passing of domestic violence Act 2005 the ambit of term “wife” was further extended and brought on the similar footing as provided in the Crpc [8]. In many cases the Apex court further held that merely because the husband can do a valid second marriage under his personal law, does not restrict the right of the wife from claiming personal maintenance[9].

2. Child –

under chapter IX of Crpc a minor child who is unable to maintain himself can claim maintenance from his parents, it does not matter weather the child is legitimate or illegitimate, married or unmarried. The father has obligation to maintain the child even though the child is not living with the father[10]. In case father demands the custody of the child he has to maintain the child till he gets the custody of the child.

Under this provision the basis for maintenance of child is the paternity. Even if the child is illegitimate then also, he can claim maintenance, but a child has to prove paternity with proper evidence. In case of daughter weather, she is legitimate or illegitimate she can claim maintenance until she is married even though she became a major.

3. Father or Mother –

A father or mother can claim maintenance from their male or female child. The married daughter is also responsible for maintenance of her parents. While interpreting the term father or mother it has accepted that the term will include natural and adoptive father or mother. But it does not include step father or mother. In case of multiple children, the father or mother can claim maintenance from any child jointly or severally[11].

While determining the amount of maintenance to be paid to the applicant the court has to keep in mind

Certain circumstances which are as follow-

1. Sufficient means of maintenance – The court has to determine weather the applicant has appropriate means of maintenance or not i.e. the income of applicant, properties held by him, his physical condition.
2. Neglect or refusal to maintain – It has to be clearly show that the person from whom maintenance has to be claim has neglect the applicant. Intention to neglect is not relevant. Applicant must not commit any wrong which may deprive him of maintenance.

Section 125(2) provides power to the magistrate to provide for interim maintenance to the applicant. Section 125(3) provides for the two modes of execution of maintenance order. A) Issue a warrant for levying fine. B) Sentence such person to imprisonment for one month or till the time maintenance is paid. But it is also the responsibility of the court to look into the matter and reason behind the non-payment of maintenance. If a person has no means of payment then he cannot be force to pay the maintenance.

Section126-

Section 126 of the code provides for the jurisdictional rules in regards of application for maintenance under chapter IX of the code. Thus, a wife can sue her husband at a place where he is, or where he or his wife resides, or where he last resided with his wife or mother of an illegitimate child. Furthermore, the section provides that “Evidence to be taken in the presence of a person against whom maintenance is to be ordered. If a person is wilfully avoiding summons, then ex-parte evidence is taken in that case”. Section 127 of the code provides for alteration of the amount of maintenance. On change of circumstance and change in prevailing condition.

Hence, Chapter IX of Code of Criminal Procedure is a very essential legislation. As it ensures equality welfare and social justice for the weaker group of the society. It in essence reinforces the intention of the makers of our constitution in the society[12].

This legislation is also essential due to its secular nature. As any person belonging to any personal law can take the help of this legislation. For maintenance of their standard of living and welfare.

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[1] Ramesh Chandra Kaushal V. Veena Kaushal, AIR 1978 SC 1807).

[2] Ibid.

[3] Nanak Chand V. Chandra Kishore, (AIR 1970 SC 446).

[4] Section 125(1), Code of Criminal Procedure 1974, Act No2 of 1974, Indian Parliament.

[5] Ibid.

[6] Mohd. Haneef V. Anisha Khatoom, 1976 CRLJ 520 (ALL).

[7]Chanmuniya V. Virendra Kumar Singh, (2010) 10 SCALE 602.

[8] Ibid.

[9] Subanu V. A.M Abdul Gafoor AIR 1987 SBC 1103.

[10] Balbir Singh V. Hardeep Singh 1976 CRLJ 1136.

[11] N.B Bhikshu V. State of A.P 1993 CRLJ 3280 (A.P)

[12] Supra note 1.