Maintenance Under Section 125 Of CrPC (2)
                     Maintenance Under Section 125 Of CrPC
Maintenance is an amount given to a person who does not have sufficient means 
to survive or is unable maintain, by the person who is responsible and neglects 
of refuses to maintain him or her.
For the ready reference, the provision contained under section 125 of the Act is 
being reproduced herein below:
125. Order for maintenance of wives, children and parents.
 If any person having sufficient means neglects of refuses to maintain.
a) His wife, unable to maintain herself.
b) His legitimate or illegitimate minor child, whether married or not, 
unable to maintain itself.
c) His legitimate or illegitimate major child (not being a married
daughter), where such child is by reason of any physically or mental 
abnormality or injury unable to maintain itself.
d) His father or mother, unable to maintain himself or herself.
Provided further that  the  magistrate  may,  during the  pendency of the 
proceeding regarding monthly allowance for the maintenance under this sub- 
section, order such person to make a monthly allowance for the interim 
maintenance of his wife, child and parents.
Wife
 A wife can claim maintenance from her husband if she does not have 
sufficient means to survive or who is unable to maintain itself. (for 
example, if wife is not educated and husband left him then wife is not 
unable to maintain itself)
 The wife includes a divorced wife, as well as wives of voidable marriage 
can also claim maintenance.
 Wife of a void marriage cannot claim maintenance, if wife 2nd marriage 
is not entitled to claim maintenance even if she not unaware of the 
fact
1st marriage held in Savitaben Somabai Bhatiya v States of Gujarat 
2005
 In the following four condition the wife’s maintenance can NOT be allowed.
 If she is living in adultery.
 If without sufficient reason she refused to live with her husband.
 If they are living separately by mutual consent.
 She is highly qualified (The Delhi High Court has said that a wife cannot 
be entitled to maintenance by the husband when she is highly qualified 
and has been earing even after her marriage.
Child
 Whether legitimate or illegitimate, minor children who are unable to 
maintain themselves are entitled to maintenance from father.
 A legitimate or illegitimate child who has attained majority but is unable 
to maintain him / herself because of mental or physical abnormality or 
injury shall be maintained by their father.
 Father is liable to pay maintenance to his minor child but recently
Uttarakhand High Court said that mother can also be made liable to pay 
maintenance to her minor child.
Parents
 It is the responsibility of children to maintain their parents in their old 
age. Section 125 contain the word his father and his mother. But 
Supreme Court in case of Vijay Manohar Arbat Vs Kashi Rao Raja 
Ram Sawai, 1987 case has given it a broad interpretation and held that 
word his has to read liberally so as to include her also which means 
parents can also claim maintenance from both son and daughter.