What is the section 125 CrPC?
Section 125 in The Code Of Criminal Procedure, 1973. 125. Order for maintenance of wives, children and parents. (b) ” wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
Who can claim maintenance under section 125 CrPC?
According to Section 125(l)(d) of the Code of Criminal Procedure, if any person having sufficient means neglects or refuses to maintain his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance …
How do I file a CrPC 125?
If you want to file a maintenance case you must have a wedding card, wedding photos with CD, your passport size photograph, and if any correspondence between you and your spouse. and followed by an affidavit and petition under 125 of cr. p.c according to prescribed proforma.
Where is 125 CrPC filed?
Adding to the above, Court noted that as per Section 126 CrPC, proceedings under Section 125 CrPC may be instituted against any person in any district where he is, or where he or his wife resides, or where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
Is CrPC 125 a criminal case?
2525. 2(C) Nature of proceeding u/s 125 Cr PC is civil :The jurisdiction of magistrate under chapter IX Cr PC is not strictly a criminal jurisdiction.
Can a wife of void marriage claim maintenance?
The learned Magistrate has tried to distinguish between a void marriage and a voidable marriage and according to him, in case of only void marriage Under Section 11, the wife is not entitled to get maintenance while in case of voidable marriage, she is entitled to get the same even after the marriage is declared as …
Can wife claim maintenance after mutual divorce?
However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance. When a couple gets divorced by mutual consent, the decision on whether any alimony/maintenance is to be paid by either party is a matter of agreement between them.
What is Rule 43 in a divorce?
“Rule 43 provides an interim remedy to assist an applicant to obtain relief speedily and expeditiously in respect of interim care, residency and contact with the children; maintenance for a spouse and or children; enforcement of specified necessary payments; and contribution towards legal costs of the divorce action.
What is the right of second wife?
In case the second marriage takes place after his divorce with the first wife or after the demise of the first wife, the second marriage will have legal sanction and the second wife will have every right in her husband’s ancestral and self-acquired property (and fall under the Class-1 heirs of her husband).
What if wife eloped after marriage?
The acts done by your wife falls within the category of adultery and enticing for elopement which is prohibited and liable for conviction under section 497 and 498 of IPC. So Once you lodge complaint on this ground FIR can be registered and the police can arrestthe aprpamur of your wife.