Explaining The Concept Of Maintenance According To Section 125 Of CRPC

Prasun Kumar, Symbiosis Law School, Noida

INTRODUCTION

Maintenance means financial support to his dependent wife, his legitimate and illegitimate minor child, whether married or unmarried, unable to maintain himself, or his parent. In India, maintenance is governed by the “Code of Criminal Procedure, 1973 (CrPC) under section 125 of the CrPC provides maintenance”. The provision of “maintenance under Section 125 CrPC” is a crucial aspect of family law and aims to ensure social and economic justice for vulnerable individuals. The provision is designed to provide a speedy remedy to women and children who cannot maintain themselves. However, the question arises as to whether the provision serves equality or not.

The historical context of women's economic and social status in India is an essential aspect of understanding the importance of the provision of “maintenance under Section 125 CrPC”. In India, women have traditionally been viewed as subordinate to men, and social status has been significantly lower than men. Women have no access to education, employment opportunities, and economic resources and have been confined to the domestic sphere. The provision of “maintenance under section 125 of CrPC”1 It is to reduce the women's economic dependency on their husbands or fathers. This provision mandates that husbands provide economic support to their wives, and father support to their daughter and child. The provision has given women the legal right to seek financial support from their husbands in case of neglect or desertion, thereby empowering them to assert their rights and seek redressal.

RESEARCH OBJECTIVE

In this project, we will discuss many objectives regarding the Maintenance under section 125 of CrPC in which our main four objectives are: -

• An analysis of maintenance under section125 of CrPC