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Claim Maintenance-Wife, Minor Child, Major Child who due to phycal or mental

abnormality is unable to maintain itself, and Mother and father can claim maintenance The
provisions regarding maintenance are contained U/Ss. 125 to 128. Order for Maintenance of
Wives, Children and Parents According to S. 125 (1), if any person having sufficient, means
neglects or refuses to maintain- (a) His wife, unable to maintain herself, or (b) His legitimate
or illegitimate minor child, whether married or not, unable to maintain itself, or (c) His
legitimate or illegitimate child (not being a married daughter) who has attained majority,
where such child is, by reason of any physical or mental abnormality or injury unable to
maintain itself, or (d) His father or mother, unable to maintain himself or herself; Parliament
passed a Muslim Women's (Protection of Rights on Divorce) Act, 1986 allows a Muslim
woman to avail the remedy available U/S. 125 Cr.P.C. only if the husband consents to it.
Procedure for Receiving Maintenance Allowance Acc S. 126 (1), proceedings U/S. 125 may
be taken against any person in any district- (a) Where he is, or (b) Where he or his wife
resides, or (c) Where he last resided with his wife, or as the case may be with the mother of
the illegitimate child. (2) All evidence in such proceedings shall be taken in the presence of
the person against whom an order for payment op maintenance is proposed to be made(3)
The Court in dealing with applications U/S. 125 shall have power to make such order as to
costs as may be just. Alteration in Allowance According to S. 127 (1), on proof of a change in
the circumstances of any person, receiving U/S. 125 a monthly allowance. (2)Where it
appears to the Magistrate that, in consequence of any decision of a competent civil Court,
any order made U/S. 125 (3) Where any order has been made U/S. 125 in favour of a woman
who has been divorced by, or has obtained a divorce from, her husband, the Magistrate
shall, if he is satisfied, that- (a)The woman has,'after the date of such divorce, remarried,
cancel such order as from the date of her re-marriage; (b) The woman has been divorced by
her husband and that she has received, whether before or after the date of the said order,
the whole of the sum which, under any customary or personal law order- applicable to the
parties, was payable on such divorce, cancel such: (i) In the case where such sum was paid
before such order, from the dat on which such order was made, (II) In any other case, from
the date of expiry of the period, if any. for which maintenance has been actually paid by the
husband to the woman When is a Wife not Entitled to Receive an Allowance from her
Husband?According to S. 125 (4), no wife shall be entitled to receive an allowance from her
husband under this section in the following cases- 1. When she is living in adultery, 2. When
without any sufficient reason she refuses to live with her husband. 3. If they are living
separately by mutual consent.

Charge includes any head of charge when the charge contains more heads than one; A charge is an
important step in a criminal proceeding.The purpose of a charge is to tell an accused person as
precisely and concisely as possible of the matter with which he is charged.- THE OBJECT IN FRAMING
A CHARGE:- is to give notice of the essential facts which the prosecution proposes to establish to
bring home the charge so that the accused may not be prejudiced in his defence. Contents of a
Charge- According to S. 211:1. Every charge under this code shall state the offence with which the
accused is charged. 2. If the law, which creates the offence, gives it any specific name, the offence
may be described in the charge by that name only. 3. If the law, which creates the offence, does not
give it any specific name, so much of the definition of the offence must be stated as to give the
accused notice of the matter with which he is charged. 4. The law and 'section of the law against
which the offence is said to have been committed shall be mentioned in the charge. 5. The fact that
the charge is made is equivalent to a statement that every legal condition required by law to
constitute the offence charged. 7. If the accused, having been previously convicted of any offence, is
liable, by reason of such previous conviction, to enhanced punishment. Particulars as to Time, Place
and Person- According to S. 217 (1), the charge shall contain such particulars as to the time and place
of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which,
it was committed, as are reasonably sufficient. (2) When the accused is charged with criminal breach
of trust or dishonest misappropriation of money or other movable property, Provided that the time
included between the first and last of such dates shall not exceed one year. When Manner of
Committing Offence must be Stated-According to S. 213, when the nature of the case is such that the
particulars mentioned U/Ss. 211 and 212 do not give the accused sufficient notice, the charge shall
also contain such particulars of the manner in which the alleged offence was committed as will be
sufficient. For Ex: (a) A is accused of the theft of a certain article at a certain time and place. The
charge need not set out the manner in which the theft was effected. Words in Charge Taken in the
Sense of Law Under which Offence is Punishable According to S. 214, in every charge words used in
describing an offence shall be deemed to have been used in the sense attached to them respectively
by the law under. which such offence is punishable. Effect of Errors in the Charge According to S. 215, no
error in stating either the offence or the particulars required to be stated in the charge, and no omission to state
the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in
fact misled by such error or omission, and it has occasioned a failure of justice. For Examples : (a) A is charged
U/S. 242, I.P.C. with "having been in possession of counterfeit coin, having known at the time when he became
possessed thereof that such coin was counterfeit," the word "fraudulently" being omitted in the charge. (b) Can
Court Alter the Charge?-Yes, According to S. 216(1), any court may alter or add to any charge at any time before
judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused. (3) If
the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the
opinion of the Court.

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