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  • Essay / The law of maintenance

    Maintenance under Section 125 of the CrPCLaw on Maintenance is of particular importance in Indian society. A person is legally obligated to support all members of the family, including spouses, children, and parents. Maintenance generally means to preserve, but in the legal sense it means to provide some sort of support for a person's living expenses in order to support and meet their needs. In Indian jurisprudence, provisions regarding maintenance are enshrined in Section 125 of the CrPC and various personal laws. The concept of alimony finds its roots in article 15, paragraph 3, reinforced by article 39 of the Constitution. Maintenance includes support in terms of food, shelter, clothing, etc., to be provided to the child, parents and wife. The purpose of maintenance is to prevent immorality and hardship and to improve the economic condition of women and children. Section 125 of CrPC is independent of any personal law and proceedings under this section are applicable to all, irrespective of caste, creed or religion. The said provision was adopted to prevent vagrancy by making those who can provide assistance those who are unable to provide for themselves and who have a moral right to assistance. Alimony can be claimed either during the procedure or at the final stage. Say no to plagiarism. Get a Custom Essay on “Why Violent Video Games Should Not Be Banned”?Get the original essayConditions for claiming alimonyUnder Section 125 of the CrPC, it is the responsibility of the applicant who claims or demands alimony of prove that he is not able to maintain himself. They must also prove that they are refused or not currently supported by the person and that they do not have sufficient resources or means to support themselves. However, if a person is able to win, whether they win or not, this may be considered sufficient means and the onus is on them to prove that they do not have sufficient means. The section also makes special provisions regarding the maintenance of a married minor girl who is entitled to peaceful maintenance from her husband and if her husband is not able to maintain her, then she can claim alimony from her father, who has sufficient means, until she becomes an adult. Furthermore, a woman who claims alimony from her husband is not entitled to alimony if she lives in adultery, if she refuses to live with her husband without sufficient reason and if she lives separately from a common agreement. All these grounds must be present to claim alimony under the article.Persons entitled to alimony Once the conditions mentioned above are met, the following persons are entitled to claim alimony from a person: WifeA person's wife has the right to claim alimony, but she should be a legally married wife. The legal validity of marriage depends on the personal laws applicable to the parties. The explanation of this article further states that the term wife includes a divorced woman. The age of the wife does not matter in claiming alimony, which is why even a minor wife has the right to claim alimony under this article. Any difference in personal alimony laws will not invalidate alimony claimed under this section. Also, the wife who demands alimony from her husband is not entitled to alimony if she lives in adultery, if she refuses to..