The institution of the family begins to fall apart when someone begins to overlook their own responsibilities to their family for any reason. As a result, every society (via religion) has created laws over time to safeguard the interests of the weaker or more dependent members of society. Every person has a religion, and the personal religious rules that he abides by influence his behaviour on a personal level. With certain adjustments, these personal laws are generally codified, and maintenance processes, along with other similar proceedings, are governed by the same. The definition of maintenance is "sustenance" or "support." The terms "alimony" and "corpus" are comparable to the phrase "maintenance."

"The allowances required to be made to a wife, out of her husband's estate for her support either during the matrimonial suit or out of her husband's estate for her support either during the matrimonial suit or on its termination, where the facts of the marriage are established and she proves herself separate maintenance," is how Juris defines alimony. [DIWAN 2019: 211] There are several laws, including Christian, Muslim, Parsi, and Hindu laws.

We are unable to discuss these laws, though, as they are outside the purview of the initiative. There are several personal laws in India, and we must limit our discussion to them. From now on, we will just talk about the requirements for support to the wife, children, and elderly, which are included in Sections 125 to 128 of the Cr.P.C. However, the document would limit maintenance provisions to wife only after broad discussion of maintenance to children, elderly person, etc., however same strategy for maintenance to other can be taken.

Provision of Maintenance under CrPC

The Cr.P.C. has provisions for the support of spouses, kids, and parents in sections 125 through 128. It is evident why these provisions-which are civil in nature-are included in criminal procedural statutes given their nature. The provisions of the Cr.P.C. enable a prompt, efficient, and reasonably priced remedy against individuals who disregard or decline to provide for their dependents, such as spouses, children, and parents.

In the case of Vimala v. Veeraswamy, the Honourable Supreme Court ruled that the goal of Section 125 Cr.P.C. is to prohibit homelessness and vagrancy as part of a social purpose. Also, the majority of impoverished and helpless women choose to file maintenance claims under section 125 Cr.P.C. under summary processes. Thus, it is accurately stated in these instances that:

The provision aims to prevent the neglected wife, children, and parents from being abandoned and impoverished on society's trash heap, forcing them to turn to a life of begging, immorality, and crime in order to survive. It does this by offering a straightforward, quick, but restricted form of relief.

It is secular legislation that applies to all people regardless of their religion and has no connection to the parties' personal laws, in contrast to personal laws, which vary depending on the religion. The Honourable Supreme Court established for the first time in the well-known Shah Bano case that a Muslim woman who was unable to support herself could apply to Section 125 of the Cr.P.C., which mandates that husbands who have adequate resources provide maintenance to spouses or ex-wives who are unable to support themselves. The ruling was based on the argument that destitution, which is the primary concern of section 125 of the Criminal Procedure Code, is not addressed by Muslim personal law.

Claiming Maintenance under CrPC

The respondent's wife, his legitimate or illegitimate children, his legitimate or illegitimate abnormal child who has reached majority, and his father or mother are among the parties eligible to demand maintenance under this section. The wife's explanation is more comprehensive since it covers individuals who, to the public's knowledge, have lived together as husband and wife. In addition, it covers women who have not remarried after being divorced by their husbands or obtaining a divorce from them. The following is the stated rationale for it:

The term "wife" has been expanded to include divorced women in order to deter dishonest husbands from undermining their legal maintenance claims by simply divorcing them in accordance with the aforementioned personal laws.

Second, a child, male or female, who has not reached the age of majority may be eligible to receive maintenance. If a young girl is married, she may receive maintenance from both her husband and wife. Thirdly, though, a child is entitled to maintenance even after they have reached adulthood if they are unable to support themselves due to a physical or mental disability. There is one restriction: if the child is a married girl who has reached adulthood, there is no maintenance claim. Fourth, parents have the right to maintenance payments from their kids. Since it was decided in Vijaya Manohar Arbat v. Kashirao Rajaram Sawai that the married daughter must support her father, there are both sons and daughters among the children in this case. According to the court's ruling, a son or daughter has a moral duty to support their parents.

Essential Conditions in order to Grant Maintenance:

When some components are absent, maintenance cannot be provided since it would not be just to do so. It's also critical to remember that, in some situations, only a husband, father, son, or daughter-depending on the situation-is obligated by Section 125 (1) of the Cr.P.C. to provide maintenance to the appropriate party, which might be a wife, kid, father, or mother. Section 125 (1) of the Cr.P.C. states that the individual requesting maintenance must have enough money to support the person or people making the claim.

In this case, the means truly go beyond tangible assets like land; if a guy is fit and well, he also needs to provide for his parents, wife, and kids. It's also crucial that the person claiming maintenance must have abandoned or declined to care for the person or people who are entitled to it. Once again, neglect encompasses situations like these when the spouse makes it difficult to live with them. A number of behaviours, such as having a second wife or being impotent, may be interpreted as ignoring the first wife and lead to a claim for maintenance.

Since the provisions in the Cr.P.C. are secular, they would apply to Mohammedan wives as well, who may request support based only on their abhorrence of the notion that their husband might take a second wife. Since preventing vagrancy is the major goal of section 125, Cr.P.C., the obligation to pay maintenance should only apply to those who are unable to support themselves; it does not imply that a person should be completely penniless.

However, there are some restrictions. For example, the wife cannot receive maintenance if she is living in adultery, refuses to live with her husband without a valid reason, or separates from him with their joint permission.

Conclusion
Various personal laws have provisions pertaining to maintenance. We now know why it is included in the Criminal Procedure Code: to provide a quick, efficient, and reasonably priced means of redress for those who disregard or decline to provide for their dependents, such as spouses, kids, and parents. Second, it applies to everyone once it is included in the Cr.P.C., regardless of the parties' religious beliefs.

Thirdly, the respondent's wife, his legitimate or illegitimate children, his legitimate or illegitimate abnormal child who has reached majority, and his father or mother are among the parties entitled to maintenance under the clause. Fourth, as it would not be just to do so, maintenance cannot be provided in the absence of specific components. It's also critical to remember that, in some situations, only a husband, father, son, or daughter-depending on the situation-is obligated by Section 125 (1) of the Cr.P.C. to provide maintenance to the appropriate party, which might be a wife, kid, father, or mother.

Fifth, Section 126 stipulates that the person being sued or his pleader must be present throughout the taking of any evidence in such proceedings. When a maintenance order is granted in the wife's favour, the husband has the chance to sincerely offer to support his wife-but only if she agrees to live with him. Last but not least, the Cr.P.C.'s maintenance provisions are outstanding for women's gender justice, which is unquestionably a major social concern. However, it would fully serve the goal for which it is included if it were placed under a different piece of legislation under the independent subject of gender justice and made slightly better.

Written By: Akanksha