Maintenance of wives, children and parents.

Section 125 of the CrPC is related to “Orders for maintenance of wives, children and parents”.

Section 125 CrPC is a measure of social justice and is specially enacted to protect women and children. The object is to prevent homelessness and destitution. It provides a speedy remedy for the supply of food, clothing and shelter to the deserted wife. It is a piece of social legislation which provides speedy relief by way of maintenance to a wife who is unable to maintain herself and her children.

It is the sacrosanct duty of the husband to provide financial support to the wife and to the minor children. The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute.

Sometimes there is enormous delay in disposal of the proceeding under Section 125 of the Code because most of the time the husband takes adjournments and this is harmful for the mental peace of woman. Court should also deal with maintenance cases speedily and should give speedy remedy.

While deciding an application under Section 125 of the Code, a Magistrate is required to record reasons for granting or refusing to grant maintenance to wives, children or parents. Such maintenance can be awarded from the date of the order, or, if so ordered, from the date of the application for maintenance, as the case may be. For awarding maintenance from the date of the application, express order is necessary. No special reasons, however, are required to be recorded by the court……….Bhuwan Mohan Singh v. Meena & Ors.