Important Judgments on Section 125 CrPC

“This provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of Article 15(3) reinforced by Article 39. We have no doubt that sections of statutes calling for construction by courts are not petrified print but vibrant words with social functions to fulfil. The brooding presence of the constitutional empathy for the weaker sections like women and children must inform interpretation if it has to have social relevance. So viewed, it is possible to be selective in picking out that interpretation out of two alternatives which advance the cause — the cause of the derelicts.” - V.R. Krishna Iyer, J. The Supreme Court and the High Courts of the country have time and again held that the primary object of Section 125 of the Code of Criminal Procedure, (CrPC) 1973 (Order for maintenance of wives, children and parents) is to give social justice to the woman, child and infirm parents and to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support. In this write-up, the important pronouncements on Section 125 CrPC are briefly discussed. Bhagwan Dutt v. Kamla Devi, (1975) 2 SCC 386. https://indiankanoon.org/doc/138019/ The Supreme Court held that the object of these provisions being to prevent vagrancy and destitution, the Magistrate has to find out as to what is required by the wife to maintain a standard of living which is neither luxurious nor penurious but is modestly consistent with the status of the family. The needs and requirements of the wife for such moderate living can be fairly determined, only if her separate income, also, is taken into account together with the earnings of the husband and his commitments. Chaturbhuj v. Sita Bai, (2008) 2 SCC 316. https://indiankanoon.org/doc/1720873/ The Supreme Court held that the object of maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy and destitution of a deserted wife by providing her food, clothing and shelter by a speedy remedy. Section 125 CrPC is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of Article 15(3), reinforced by Article 39 of the Constitution. Under the law the burden is placed in the first place upon the wife to show that the means of her husband are sufficient. Bhuwan Mohan Singh v. Meena, (2015) 6 SCC 353. https://www.livelaw.in/delay-adjudication-family-courts-human-rights-basic-embodiment-dignity-individual-sc/ The Supreme Court held that Section 125 of the Code of Criminal Procedure was conceived to ameliorate the agony, anguish, financial suffering of a woman who left her matrimonial home for the reasons provided in the provision so that some suitable arrangements can be made by the court and she can sustain herself and also her children if they are with her. The concept of sustenance does not necessarily mean to lead the life of an animal, feel like an unperson to be thrown away from grace and roam for her basic maintenance somewhere else. She is entitled in law to lead a life in the similar manner as she would have lived in the house of her husband. That is where the status and strata come into play, and that is where the obligations of the husband, in case of a wife, become a prominent one. In a proceeding of this nature, the husband cannot take subterfuges to deprive her of the benefit of living with dignity. Regard being had to the solemn pledge at the time of marriage and also in consonance with the statutory law that governs the field, it is the obligation of the husband to see that the wife does not become a destitute, a beggar. A situation is not to be maladroitly created whereunder she is compelled to resign to her fate and think of life “dust unto dust”. It is totally impermissible. In fact, it is the sacrosanct duty to render the financial support even if the husband is required to earn money with physical labour, if he is able-bodied. There is no escape route unless there is an order from the court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds. Rajnesh v. Neha, (2021) 2 SCC 324. https://www.livelaw.in/top-stories/supreme-court-issues-guidelines-on-payment-of-maintenance-in-matrimonial-matters-165449 The Supreme Court, keeping in mind, the need for a uniform format of Affidavit of Disclosure of Assets and Liabilities to be filed in maintenance proceedings, considered it necessary to frame the following guidelines: (a) The Affidavit of Disclosure of Assets and Liabilities annexed at Enclosures I, II and III of the judgment in Rajnesh v. Neha, as may be applicable, shall be filed by the parties in all maintenance proceedings, including pending proceedings before the concerned Family Court /...

Important Judgments on Section 125 CrPC

Muneeb Rashid Malik

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Important Judgments on Section 125 CrPC

Muneeb Rashid Malik

This is a premium content Available exclusively to Our subscribers

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