Implementation of Provisions of Sec. 125, Code of Criminal Procedure
π Implementation of Provisions of Section 125, CrPC, 1973
π What is Section 125, CrPC?
Section 125 of the Code of Criminal Procedure, 1973 is a social welfare provision aimed at providing maintenance to persons unable to maintain themselves, regardless of religion or personal law. It acts as a remedial measure to prevent vagrancy and destitution.
π₯ Who Can Claim Maintenance under Section 125?
According to Section 125(1), the following persons can claim maintenance:
Wife (legally wedded, including a divorced wife, but not a remarried one)
Minor child (legitimate or illegitimate, married or unmarried)
Major child (only if physically or mentally disabled)
Father or mother (who are unable to maintain themselves)
π° Conditions for Granting Maintenance
The person claiming maintenance must be unable to maintain themselves.
The person from whom maintenance is claimed must have sufficient means.
There must be neglect or refusal to maintain.
βοΈ Implementation Mechanism
Filing of Application:
The aggrieved person files an application before a Judicial Magistrate First Class.
Notice and Hearing:
The respondent is given an opportunity to be heard.
Both parties may present evidence.
Interim Maintenance (Section 125(1) Proviso):
Court may grant interim maintenance during the pendency of proceedings.
Final Order:
After hearing, the magistrate may order a monthly allowance as maintenance.
The amount must be reasonable and based on the income, needs, and standard of living.
Enforcement (Section 128 CrPC):
If the order is not complied with, the court may issue a warrant for recovery, or even sentence the defaulter to imprisonment up to 1 month for each monthβs default.
ποΈ Important Judicial Interpretations
1. Mohd. Ahmed Khan v. Shah Bano Begum (1985)
SC held that a divorced Muslim woman is entitled to maintenance under Section 125 if she cannot maintain herself, despite personal laws.
2. Danial Latifi v. Union of India (2001)
Interpreted the Muslim Women (Protection of Rights on Divorce) Act, 1986 to ensure reasonable and fair provision is made for a divorced woman, aligning it with Section 125.
3. Bhagwan Dutt v. Kamla Devi (1975)
Maintenance is not dependent on the desire or willingness of the husband to maintain.
π« Limitations and Challenges in Implementation
Delays in court proceedings lead to hardship for the claimant.
Low awareness among rural women and the poor.
Evasion of payment by hiding income or assets.
Insufficient enforcement mechanisms.
Overburdened judiciary leading to prolonged litigation.
β Suggestions for Better Implementation
Speedy disposal through dedicated family courts.
Awareness campaigns in rural areas.
Use of technology for tracking and enforcing payments.
Stricter penalties for non-compliance.
Periodic revision of maintenance amount based on inflation and cost of living.
π Conclusion
Section 125 CrPC is a powerful tool for social justice and welfare, ensuring that vulnerable sectionsβwives, children, and parentsβare not left destitute due to neglect. While the provision is strong on paper, effective and timely implementation remains the key to ensuring its true impact.
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