Article shared by. Legal provisions regarding order for maintenance of wives and children under section of the Code of Criminal Procedure, 13 Apr Section of crpc provide for a fast and effective, It provides a remedy against those persons who refuse to maintain their dependent wives. 24 May Madras High Court: The Single Judge Bench comprising of M.V. Muralidaran J., held that “If the husband is healthy, able-bodied and in a.
Thus, it recommended that the word ‘wife’ in Section Cr. It is possible for the Muslim spouses to opt to be governed by the provisions of the Code of Criminal Procedure by virtue of a provision in that Act.
The woman not having the legal status of a wife is thus brought within sectipn inclusive definition of the term ‘wife’ consistent with the objective5. According to Section 1 of the Code, the following persons are entitled to claim maintenance under certain circumstances:.
If a man is healthy and able-bodied, he must be held to possess the means such as real property or definite employment.
Right To Maintenance Section crpc
In the instant case the appellant and the respondent have been staying together as man and wife for a period of time. Maintenance means appropriate food, clothing and lodging. Sections provides a self-contained speedy procedure for a man to maintain his wife, children and parents.
As per Section 4 of the Code of Criminal Procedure, no wife shall be entitled to receive an allowance for the maintenance from her husband if they are living separately by mutual consent. Quoting from the apex court judgment in Chanmuniya v. The parties must be living or lived in one household and behaved in a way that led others to believe that they were husband and wife. The lifestyle or status before separation. A Muslim minor girl would be entitled to get maintenance from her father even after the enforcement of Muslim Women Protection of Rights on Divorce Act, Cancel reply Your email address will not be published.
Apart from that, the section is both remedial and beneficial in character and in such circumstances, it is the duty of the judge to construe it in such a manner as to suppress the mischief and advance the remedy. The appellant further contended that after some time the first respondent started harassing and torturing the appellant, stopped her maintenance and also refused to discharge his marital obligations towards her.
It is applicable to those persons belonging to all religions and has no relationship with the personal law of the parties. It was clearly stated down in the facts of the case that the appellant and respondent had been living together as husband and wife and had discharged all marital obligations towards each other. What is power of attorney and General power of Attorney.
Sita Bai, the respondent had filed an application under Section of Cr. His father or mother: Online Copyright Registration in India Call us at: When such a warrant is issued for making payment of maintenance, it has to be levied as the amount due in the manner provided for levying fines and if this warrant is not responded by making the payment, then the Magistrate sectiob order imprisonment and the imprisonment in no case can exceed one month.
The Cfpc of the Supreme Court declared that a Muslim divorced woman who cannot maintain herself is entitled to maintenance from her former husband till the time she gets remarried. The object is to prevent vagrancy and destitution.
In the application it was xrpc by respondent that she was unemployed and unable to maintain herself. The legality of the marriage would be governed by the personal laws applicable to the parties.
The test is whether the wife is in a position to maintain herself in the way she was used to in the place of her husband. The fact of the parties have lived together as husband and wife for a long time would be relevant to raise only a presumption in law of their being husband and Wife. It requires opportunity to earn, education or experience and many a time finance, push and full.
The cohabitation should be long, continuous having substance and not periodical. The findings of the magistrate are not scetion and the parties can legitimately agitate their rights in a civil court even after the order of the magistrate. She should get maintenance because drpc can survive and fight the case with full power. The wife who is hale and healthy and is adequately educated to earn for herself but refuses to earn and claims maintenance from her husband is entitled to claim maintenance but that her refusal to earn under the circumstances would disentitle her to get full amount of maintenance.
In the same way Section 18 or 20 of the Hindu Adoption and Sectiob Act, does not override the provisions of relief of Section of the Code. The conclusions of Courts that respondent-wife unable sectioj maintain herself was factual and cannot be interfered with in absence of perversity. State of Gujarat, it was held that Section of the Code has been enacted in the interest of a wife and one who wants to take the benefit under sub-section l a of Section has to establish that she is the wife of the person cpc.
Neglect or refusal may mean something more than mere failure or omission. While the suit is going on, the husband has to pay interim maintenance to the wife for fulfillment for her basic needs. The application of maintenance can be filled to the magistrate and you can give an application for this. The appellant was married off in accordance with the local custom of Katha and Sindur.
The maintenance croc is sectiin to punish a person for his past neglect, but to prevent vagrancy leading to the commission of crime and starvation by compelling those who can do so to support those who are unable to support themselves and who have a moral claim to support.
File Divorce in Delhi – Right Now! But there is an inseparable condition which has also to be satisfied that the wife was unable to maintain herself.