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Wife
Here the wife include unmarried divorced wife
Under the old Code wife did not include a
divorced wife. she was not entitled to maintenance.
Hence caused great injustice to several cases
Husband used to evade his obligation to
maintain her
A Muslim husband could successfully defeat an
order, by pronouncing divorce.
Where in she could claim maintenance through a
Court only till the completion of the period of
iddat
Parents
Sec.125 speaks of the father or mother,
it does not use the word parent
That is, the obligation to maintain is only
that of legitimate child
Illegitimate child has no obligation to
provide maintenance under Sec.125 Cr.P.C
A daughter too has no such obligation,
whether she is legitimate or Illegitimate
child
Nature of proceedings
Proceedings under Sec. 125 Cr.P.c are
criminal proceedings of the summary nature
But these Cr. Proceedings are of civil nature
orders as to costs
Sec.126(3) authorises the Court to make such orders as to costs,
If the Magistrate is satisfied that the person against whom an order for
maintenance is proposed to be made,
is willfully either avoiding
or neglecting to attend the court, He may proceed to hear exparte
power to set aside for good cause
He has also the power to set aside the exparte oder
within 3 months from the date, for good cause
Sec,125 and Personal law different
maintenance under any personal law is
separate and distinct from Cr.P.C
No conflict between the two provisions
A person may sue for maintenance Under
Sec.125 Cr.P.C.
If a person has already applied for maintenance
UNDER PERSONAL LAW, THE MAGISTRATE while fixing the
maintenance, may take into consideration
the quantum of maintenance under the
code
Jurisdiction
A wife can sue her husband for maintenance
Cancellation of maintenance
where the divorced wife remarries (Sec.127(a)
(ii) where she voluntarily obtains divorce from her husband
and surrenders her right of maintenance (Sec.127
(I )
maintenance
Enforcement by attachment of
husbands property
Imprisonment for a term which may
extend to one month
Jail term for one year arrears
If a person sleeps over the order
and
does not care to enforce with in one
year she does not deserve the
sympathy of the court