Section 125 of the Criminal Procedure Code, 1973 deals with maintenance orders. Maintenance is the responsibility of the husband for fulfilling the basic needs like food, clothing and shelter to the wife when she is otherwise unable to maintain herself. The following persons can claim and get maintenance under this section:
- Wife from his husband,
- Legitimate or illegitimate minor child from his father,
- Legitimate or illegitimate minor child (physical or mental abnormality) from his father, and
- Father or mother from his son or daughter.
A wife can claim and get maintenance from her husband in the following conditions if:
- She is divorced by her husband, or
- Obtained divorce from her husband, and
- She has not remarried, and
- She is not able to maintain herself.
No Wife shall be entitled to receive an allowance from her husband under this section if she is
- living in adultery, or
- if, without any sufficient reason, she refuses to live with her husband, or
- if they are living separately by mutual consent.
If the husband denies to pay maintenance to the wife, the wife can move to the court of the Magistrate to get relief and the Court will follow up directing the husband to pay maintenance.
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