Essential ingredients of Section 125 crpc

Shivendra Pratap Singh

Advocate

High Court Lucknow

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Section 125 of the Code of Criminal Procedure (CrPC) in India provides for the maintenance of certain individuals, including wives, children, and parents, by their husbands, fathers, or children, respectively. To claim maintenance under Section 125 CrPC, certain essential ingredients or conditions must be met. These ingredients are as follows:

  1. Relationship: The person seeking maintenance must have a valid relationship with the person from whom maintenance is claimed. The eligible individuals include:
    • A wife claiming maintenance from her husband.
    • Legitimate or illegitimate minor children claiming maintenance from their father.
    • Parents claiming maintenance from their children who have the sufficient means to provide maintenance.
  2. Neglect or Refusal to Maintain: The person claiming maintenance must prove that the person responsible for maintaining them has neglected or refused to provide for their basic needs and necessities.
  3. Unable to Maintain Themselves: The person claiming maintenance must demonstrate that they are unable to maintain themselves financially. This means that they lack the means to support themselves and meet their essential requirements.
  4. Does Not Possess Sufficient Means: The person from whom maintenance is claimed must have sufficient means to provide maintenance to the claimant. The court will consider the person’s income, assets, and financial capacity to assess if they can fulfill the obligation of maintenance.

It is important to note that the provision of maintenance under Section 125 CrPC is intended to provide immediate relief to eligible individuals who are unable to support themselves. It is a summary and speedy remedy, and the proceedings under this section are of a civil nature.

Furthermore, Section 125 CrPC is a secular provision, and maintenance can be claimed by individuals from any religion or community, as long as they meet the essential requirements specified under the law.