Question

Maintenance of wife, children and old parents is given under _____ .

• A. Article 125 of Indian Constitution
• B. Section 125 of Indian Penal Code
• C. Section 125 of Criminal Procedure Code
• D. Section 125 of Indian Evidence Act

Hint:

Remember, Section 125 of the CRPC is a crucial law for ensuring maintenance rights for women, children, and parents when they face neglect.

Answer 1

The Correct Option is C

Section 125 of the Criminal Procedure Code (CRPC) provides for the maintenance of wife, children, and parents. This section ensures that the neglecting spouse or parent provides financial support for the well-being of dependents.

Answer 2

Section 125 of the Criminal Procedure Code (CrPC), 1973 provides a legal remedy for the maintenance of wife, children, and elderly parents who are unable to maintain themselves. This section is part of the procedural criminal law in India, but it serves a social purpose rather than a punitive one.

Key Provisions of Section 125 CrPC:
- It allows a Magistrate of the first class to order a person having sufficient means to provide a monthly allowance to:
1. His wife (legally wedded, not living in adultery or separated with mutual consent)
2. His legitimate or illegitimate minor child (whether married or not), and major child if unable to maintain due to physical or mental incapacity
3. His father or mother, if they are unable to maintain themselves

Objective:
The objective of Section 125 is to prevent destitution and ensure that no close relative suffers due to neglect by a person who has the financial means to support them. It is based on the moral and legal obligation of a person to maintain their dependents.

Nature of the Provision:
Although part of the Criminal Procedure Code, the proceedings under Section 125 are civil in nature. It is a quick and summary remedy to provide immediate relief to the aggrieved parties.

Conclusion:
The correct answer is Section 125 of the Criminal Procedure Code, which ensures maintenance rights for wives, children, and parents who are unable to support themselves.