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How is maintenance claimed under Section 125 CrPC?

Posted by jobseeker kashvi | Approved
Answers (2)

Maintenance under Section 125 CrPC can be claimed by a wife, children, or parents who are unable to maintain themselves. The application is filed before a Magistrate of the First Class in the area where the applicant or respondent resides. The petitioner must show that the respondent has sufficient means but has neglected or refused to provide maintenance. After notice is served, both parties present evidence. The court may grant interim maintenance during the case. If satisfied, the Magistrate passes an order directing monthly maintenance. Non-payment can lead to a warrant or imprisonment of up to one month for each default.

Answered by jobseeker Vipra | Approved

To claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC), a person (wife, child, or parent) must demonstrate their inability to maintain themselves and the other party's neglect or refusal to provide support, along with their ability to pay. The process involves filing a complaint with a magistrate, who then issues a notice to the respondent. After a hearing, the magistrate may order the respondent to pay a monthly allowance.

Answered by jobseeker Garima Rajput | Approved

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