Q: explain the scope of maintenance to wife, children and parents under CRPC. state the circumstances under which maintenance once granted could be altered.
Answer:
Scope of Maintenance to Wife, Children, and Parents Under CrPC
The provision for maintenance under the Code of Criminal Procedure, 1973 (CrPC) is outlined in Section 125. It serves as a legal remedy to provide financial assistance to neglected or abandoned dependents to prevent destitution and vagrancy. The scope encompasses wives, children, and parents, ensuring their basic survival needs are met.
1. Maintenance for Wife
- Eligibility:
- A wife who is unable to maintain herself.
- Includes a divorced wife who has not remarried.
- Entitlement exists even for a wife who is legally separated.
- Disqualifications:
- If the wife is living in adultery.
- If she refuses to live with her husband without sufficient reason.
- If both husband and wife agree to live separately by mutual consent.
- Quantum:
- Determined based on the husband's financial capacity and the standard of living of the wife.
2. Maintenance for Children
- Eligibility:
- Minor children, legitimate or illegitimate.
- Adult children who are physically or mentally unable to maintain themselves.
- Scope:
- Both sons and daughters are eligible.
- Married daughters may also be eligible if they cannot maintain themselves due to physical or mental incapacity.
3. Maintenance for Parents
- Eligibility:
- A father or mother unable to maintain themselves can claim maintenance from their son or daughter.
- Scope:
- Includes biological and adoptive parents.
- Maintenance is applicable irrespective of whether the parents live with the children or separately.
Purpose and Objectives
- To ensure dependents do not become destitute.
- To uphold moral obligations and social justice.
- To provide a summary and efficient remedy for neglected individuals.
Alteration of Maintenance
Under Section 127 of CrPC, maintenance orders can be altered or canceled under specific circumstances:
Change in Circumstances:
- If the financial condition of the payer improves or deteriorates significantly.
- If the recipient becomes financially independent or self-sufficient.
Remarriage or Adultery:
- Maintenance granted to a wife may be canceled if she remarries or engages in adultery.
Death of a Party:
- The obligation ceases if the recipient or the person paying maintenance dies.
Custody Changes for Children:
- If the custody of a child changes and the new guardian takes over financial responsibility.
Specific Agreements or Settlements:
- Maintenance may be altered if both parties agree to a new arrangement approved by the court.
Judicial Discretion and Enforcement
- The court exercises discretion in determining the quantum and alteration of maintenance based on the facts of the case.
- Maintenance orders are enforceable through legal mechanisms, including attachment of property or imprisonment for non-compliance.
Conclusion
The maintenance provisions under Section 125 of CrPC embody a blend of social justice and legal obligation, providing relief to dependents in need. The scope is broad and inclusive, ensuring that wives, children, and parents are supported. The flexibility under Section 127 to alter maintenance orders ensures fairness, allowing for changing life circumstances to be accounted for effectively.
No comments:
Post a Comment