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Sec 125 of CrPC UPSC NOTE

 Why in News

  • The Supreme Court has decided to examine if a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the Criminal Procedure Code (CrPC) from her former husband — reigniting the debate on whether secular laws should be given precedence over distinct personal laws. 

  • On February 19, a Bench comprising Justices B.V. Nagarathna and Augustine George Masih reserved its verdict in the case.

Sec 125 of CrPC

  • This refers to Section 125 of the Code of Criminal Procedure, 1973 (CrPC) of India.

  • Order for maintenance of wives, children and parents:

  • It empowers a magistrate to order a person having sufficient means to provide maintenance to their:

    1. Wife who is unable to maintain herself

    2. Legitimate or illegitimate minor child who is unable to maintain themselves

    3. Legitimate or illegitimate child who has attained majority but is unable to maintain themselves due to a physical or mental abnormality or injury.

  1. Father or mother who is unable to maintain themselves

Amount of maintenance:

  • The magistrate has the authority to decide the quantum of maintenance based on various factors, including the financial capacity of the person liable for maintenance and the reasonable needs of the person entitled to maintenance.

Procedure:

  • An application for maintenance under Section 125 can be filed before a Magistrate of the First Class by the wife, child, or parent seeking maintenance.

  • The magistrate will then hear the case and pass an order after considering the evidence presented by both parties.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Sec 125 of CrPC UPSC NOTE
Sec 125 of CrPC UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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