“APPLICATION FOR MAINTENANCE U/S 125 CrPC, 1973”

A Project Submitted

TO

ARMY INSTITUTE OF LAW, MOHALI

By

Samridhi (1870)

Under the guidance of

Dr. Amrita Rathi (Assistant professor of Law)

In the partial fulfillment of the requirement for the award of degree of

BA LLB.

Punjabi University, Patiala, Punjab

Submission year: January-June 2022

 DECLARATION BY CANDIDATE

It is certified that the project work presented in this report entitled “Application
for maintenance u/s 125 CrPC, 1973” embodied the results of original research
work carried out by me. All the idea and references have been duly acknowledged.

Date:9th May, 2022 Name: Samridhi

Place: Mohali Roll No.: 1870

 ACKNOWLEDGEMENT

I wish to express my sincere gratitude to Dr. Amrita Rathi, Assistant professor of

law for providing me an opportunity to work on this project titled “Application for
Maintenance u/s 125 of CrPC”.

Name: Samridhi

Roll No.: 1870

 INDEX

Sr.no. TITLE PAGE NO.

1. INTRODUCTION 1

2. PERSONS WHO CAN CLAIM MAINTENANCE 2-3

3. PROCEDURE FOR MAINTENANCE AND ALTERATION 4

OF MAINTENANCE

4. DRAFT OF MAINTENANCE U/S 125 CrPC 5-7

INTRODUCTION
The word ‘Maintenance’ is not defined in the Code of Criminal Procedure, 1973. Chapter IX of
the Code of Criminal Procedure,1973 deals with provisions for maintenance of wives, children
and parents. ‘Maintenance’ in general meaning is keeping something in good condition.
‘Maintenance’ in legal meaning is money (alimony) that someone must pay regularly to a
former wife, husband or partner, especially when they have had children together. It is the duty
of every person to maintain his wife, children and aged parents, who are not able to live on their
own.

SCOPE AND OBJECTIVES OF PROCEEDINGS

Scope and objectives of proceedings for maintenance of wives, children and parents are the
following:

• The proceedings are not punishable in nature. The main objective of Chapter IX of CrPC
is not to punish a person who is not maintaining those whom he is bound to maintain.
• The main objective is to prevent homelessness by way of procedure to provide a speedy
remedy to those who are in pain.
• It does not make any distinction between persons belonging to different religions or
castes.
• It has no relation to the personal laws of parties.

WHO CAN CLAIM AND GET MAINTENANCE

Under Section 125 CrPC, 1973- Magistrate (JM1C) is empowered to make orders for
maintenance of wives, children and parents. According to Section 125(1), the following persons
can claim and get maintenance:

• Wife from his husband,

• Legitimate or illegitimate minor child from his father,
• Legitimate or illegitimate major child (physical or mental abnormality) from his father,
and
• Father or mother from his son or daughter.
 WIFE
• In the case of Chanmuniya v Virendra Singh, 1 Supreme Court has defined ‘Wife’ and
it includes even those cases where a man and woman have been living together as
husband and wife for a reasonably long period of time. Strict proof of marriage should
not be a precondition of maintenance under Section 125 of the Cr.PC.
• A wife can claim and get maintenance from her husband in the following conditions:
i. She is divorced by her husband, or
ii. Obtained divorce from her husband, and
iii. She has not remarried, and
iv. She is not able to maintain herself.
• A wife cannot claim and get maintenance from her husband in the following conditions:
i. Wife living in adultery, or
ii. Refuses to live with husband without any valid reasons, or
iii. Living separately by mutual consent.

LEGITIMATE OR ILLEGITIMATE MINOR CHILD FROM HIS FATHER

‘Minor’ means a person who, under the provisions of Section 3 of the Indian Majority Act, 1875
is deemed not to have attained his majority i.e., above the age of 18 years.

• Minor Son (Legitimate or Illegitimate) is entitled to get maintenance under Section 125
of Cr.PC.
• If Minor Daughter (Legitimate or Illegitimate) is unmarried, then she is entitled to get
maintenance from her father and if she is married, then she is also entitled to get
maintenance from his father but the magistrate has to be satisfied that her husband has
not essential and sufficient means for the maintenance of his minor wife. In the case
of Shahbuddin v State of UP, 2 a minor daughter attaining majority during the pendency
of the application for maintenance was held entitled to maintenance up to the date of
majority.

1
Chanmuniya Vs.Chanmuniya Virendra Kumar Singh Kushwaha and Anr, (2011) 1 SCC 141.
2
Shahbuddin v State of UP, I (2006) DMC 626.
 • If any major child (Legitimate or Illegitimate) is abnormal (mentally or physically unfit),
then the father of that child has to maintain him and he can claim maintenance on this
ground of abnormality.

FATHER OR MOTHER

• Natural father and mother can claim maintenance.

• Mother includes adoptive mother, she can claim maintenance from adoptive son.
• Father can claim maintenance, it is a statutory obligation, this claim cannot be defeated
by pleading that the father failed to fulfil his parental obligation.
• A childless stepmother can claim maintenance.

ESSENTIAL CONDITIONS FOR GRANTING MAINTENANCE

i. Sufficient means for maintenance are available.

ii. Neglect or refusal to maintain after the demand for maintenance.
iii. The person claiming maintenance must be unable to maintain himself/herself.
iv. Quantum of maintenance depends on the standard of living.

PUNISHMENT FOR NON-COMPLIANCE OF ORDER

According to Section 125(3), If any person fails to comply with the order without sufficient
cause, then Magistrate can order to issue a warrant for levying the amount with fines. If the
person again fails after the execution of the warrant, then the punishment of imprisonment for a
term which may extend to one month or until payment of sooner made is awarded.
PROCEDURE FOR MAINTENANCE

Section 126 of CrPC deals with “Procedure for maintenance”. This Section states the following:

Proceeding under Section 125 may be taken in the following district:

i. Where he is, or
ii. Where he or his wife resides, or
iii. Where he last resided with his wife or mother of an illegitimate child.
• Evidence to be taken in the presence of a person against whom maintenance is to be
ordered.
• If a person is willfully avoiding summons, then ex-parte evidence is taken in that case.

ALTERATION IN ALLOWANCE

Alteration in allowance means an order to increase, decrease or remove/cancel the allowance

which was ordered by the Magistrate under Section 125.

According to Section 127(1), if a magistrate ordered to give allowance for maintenance under
Section 125 according to the conditions of parties at that time, but if the present conditions of
parties have changed, then he can also order to alter the allowance.

According to Section 127(2), Magistrate shall cancel or revoke any order given under Section
125 by him, if it appears that it should be cancelled in consequences of any decision of the
competent Civil Court. For example- If Magistrate has ordered to give allowance to wife after
divorce but Civil Court has ordered to live together. Then, Magistrate has to revoke his order
which was given under Section 125.

According to Section 127(3), where an order has been made in favor of women under Section
125, then the magistrate can cancel the order-

i. If a woman is remarried after divorce.

ii. If a woman has taken allowance under any personal laws after divorce.
iii. If a woman has voluntary leave her right to maintenance.
FACTS OF THE CASE

Amaira aged 30 years, resident of Sector 68, Mohali was married to Ajay aged 32 years resident
of Sector 65, Mohali on 18th April, 2019 according to Hindu Vedic rights and customs. The
marriage was registered with the registrar of marriage. Ajay was earning a handsome amount of
Rs. 1,00,000 from his telecommunication business and also had other source of income. For
three years the relations between the parties were ordeal, however after that, Ajay started treating
Amaira with cruelty and stopped maintaining her. He also didn’t give her house expenses.
Ultimately on 15th January, 2022 the wife had no other option but to leave matrimonial home and
live in her parental house. Amaira doesn’t possess any technical qualification and she is a home
maker. Her aged parents were living at a meager pension Rs. 10,000. Ajay has deflected from his
only responsibility of maintaining her wife and therefore Amaira has filed an application u/s 125
of CrPC. Draft the application.

DRAFT OF MAINTENANCE APPLICATION BY WIFE

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, MOHALI

MAINTENANCE APPLICATION NO. ___ OF 2022

AMAIRA AGED 30 YEARS W/O AJAY D/O SHYAM R/O SECTOR 68, MOHALI

………….Applicant

Versus

AJAY AGED 32 YEARS S/O RAM R/O SECTOR 65, MOHALI

………….Opponent

APPLICATION FOR MAINTENANCE FOR THE WIFE UNDER SECTION 125 OF

CRIMINAL PROCEDURE CODE, 1973

The above name Applicant respectfully submits as under:

1. The Applicant is the legally married wife of the Opponent solemnized on 18th April, 2019
according to Hindu rites and custom. Both of them cohabited and lived as husband and
wife for at Sector 65, Mohali. Attached herein under as Annexure 1 and 2 are the
certified copy of the Marriage certificate from the concerned registrar and a copy of
Wedding card.
2. That for about three years, relation between Applicant and her were ordeal, but thereafter
the applicant was subjected to cruelty at the hands of respondent without any
provocations whatsoever, this made applicants life miserable by constant abuse and
immense torture mentally and physically.
3. That additionally the Respondent stopped maintaining and fulfilling basic demand of the
Applicant including house hold expense.
4. That ultimately the acts of Respondent leaving here with no other option, and compelled
to leave here matrimonial house on 15th January, 2022 and live at her parental home.
5. That the opponent has never sent any money to the applicant to meet her expenses. The
Applicant doesn’t have any source of income neither does she possess any technical
qualification to be employed.
6. That the Applicant along with his elderly parents have been subsisting on meager pension
amount of Rs. 10,000 of her father, who is chronically ill having recurring medication
expenses.
7. That the Respondent is financially sound having multiple sources of income primarily
earning a handsome amount of Rs. 1,00,000 from his telecommunication business and
additionally from other sources. Having enough resources, the Respondent has yet
overlooked his responsibility to provide for his lawfully wedded wife.
8. That the Opponent has no other liability, while the Applicant is dependent upon him for
her day to day expenses.
9. That this Court has the jurisdiction to entertain and try this petition as marriage between
petitioner and the respondent was solemnized here and the petitioners are living within
the Jurisdiction of this Court.
10. It is, therefore, prayed that the Hon’ble Court may graciously be pleased:
 a) To direct the said Opponent to pay a sum of Rs. 40,000 per month to the said
Applicant as Monthly maintenance, or at such rate as this Hon’ble court may
deem fit;
b) Pending the hearing and final disposal of this petition, the Respondent be directed
to pay Rs. 10,000/- towards maintenance of the said Petitioner from the date of
application, as instant interim relief;
c) To direct the respondent to also pay the said amount of Rs. 25,0000 in lump sum
towards the costs of this proceeding, so as to pay the professional fees of the
lawyer.
d) To pass such other and further reliefs as this Hon’ble Court may deem fit and
proper.
Sd/- Sd/-
Advocate for Applicant Applicant

VERIFICATION

I, Amaira, wife of Ajay, aged 30 years, Indian Inhabitant, Occupation – Unemployed, residing at
Sector 68, Mohali do solemnly affirm and declare that whatever is stated in the above application
is true to the best of my knowledge and belief.

Date: ___ Sd/-

Place: Applicant