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Showing posts with label sacrament. Show all posts
Showing posts with label sacrament. Show all posts

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.