Search This Blog

Thursday, 11 July 2024

'Indian Muslim Women are no longer subject Only to the Shah Bano legislation': A brief history lesson


 

Here is a concise summary of Section 125 of the Indian Code of Criminal Procedure (CrPC):

Section 125 - Order for Maintenance of Wives, Children and Parents

Key Points:
  • A Magistrate can order a person with sufficient means to provide monthly maintenance to:His wife who is unable to maintain herself
  • The Magistrate can order interim maintenance and expenses of the proceedings to be paid during the pendency of the maintenance application.
  • Failure to comply with the maintenance order can result in the Magistrate issuing a warrant to recover the amount or sentencing the person to up to 1 month of imprisonment.
  • A wife is not entitled to maintenance if she is living in adultery, refuses to live with her husband without sufficient reason, or is living separately by mutual consent.
  • The nature of proceedings under Section 125 is civil, not strictly criminal, and the provisions are to be construed liberally for the welfare of the wife and children.

No comments:

Post a Comment