Who can seek maintenance under CrPC 125?
22-Feb-2023 (In Divorce Law)
My husband and I are not staying together for a period of 1 year now. Earlier he was giving me sufficient amount of money for me and my children. But since 2-3 months he is refusing to give any money. What can I do?
You can claim maintenance under Section 125 CrPC by filing a petition in court claiming that your husband has refused to maintain you and your children. It is advisable to consult an experienced lawyer in such matters, in order to get adequate amount of maintenance and handle other related matters that may arise during the court proceedings.
Under Section 125 CrPC the court, after looking into the facts and circumstances of the matter, may order any person, who despite of having sufficient means neglects or refuses to maintain
Under Section 125 CrPC the court, after looking into the facts and circumstances of the matter, may order any person, who despite of having sufficient means neglects or refuses to maintain
- his wife, who is unable to maintain herself
- his legitimate or illegitimate minor child, whether married or unmarried
- his legitimate or illegitimate child (not being a married daughter) , who has attained majority but is incapable of maintaining himself/herself due to physical or mental abnormality.
- his father or mother, unable to maintain himself or herself.
The court may ask for a proof of neglect or refusal and after being satisfied with the facts and evidences produced, may order the person to make a monthly allowance for the maintenance of his wife or such child, father or mother.
The amount of maintenance or monthly allowance may or may not be decided by the court depending on the financial condition of the person.
The court may order the father of a minor female child to make such allowance, until she attains majority, if the court is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
The amount of maintenance or monthly allowance may or may not be decided by the court depending on the financial condition of the person.
The court may order the father of a minor female child to make such allowance, until she attains majority, if the court is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
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