Question

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

• A. Section 125
• B. Section 124
• C. Section 126
• D. Section 123

Hint:

Section 125 of CrPC is often used in cases where a spouse or parent is financially unable to support themselves, and it allows the courts to grant maintenance.

Answer 1

The Correct Option is A

Section 125 of the Criminal Procedure Code (CrPC) deals with the maintenance of wife, children, and old parents. It provides the provision for an individual to claim maintenance if they are unable to maintain themselves. The section ensures that the dependents, such as wife, children, and parents, are supported by those who have a legal obligation to provide for them.

Answer 2

The provision for the maintenance of wife, children, and old parents is laid down under Section 125 of the Code of Criminal Procedure (CrPC), 1973. This section is a crucial legal remedy aimed at preventing destitution and ensuring the basic sustenance of dependents who are unable to maintain themselves.

Scope of Section 125 CrPC:
Section 125 empowers a Magistrate to order monthly maintenance to be paid to:
1. Wife – if she is unable to maintain herself.
2. Legitimate or illegitimate minor child – whether married or not, who cannot maintain themselves.
3. Major child (not being married) – if he/she is physically or mentally abnormal and unable to maintain themselves.
4. Father or mother – who are unable to maintain themselves.

Key Conditions:
- The person against whom the order is sought must have sufficient means to provide maintenance.
- Neglect or refusal to maintain by the person must be established.
- The maintenance amount should be reasonable and just, as decided by the court.

Objective:
The main objective of this provision is to provide a simple, speedy, and inexpensive remedy to the aggrieved family members and to reduce destitution and social injustice.

Conclusion:
Section 125 CrPC acts as a social justice mechanism, safeguarding the rights of dependents and ensuring that they are not left homeless or hungry due to neglect.

Therefore, the correct answer is: Section 125.