MAINTENANCE U/S 125 OF CrPc.
India is secular country, but the Indian understanding of the concept of secularism is different from the worldwide notion of the term.
Maintenance in legal meaning is alimony (money) that someone must pay regularly to a former wife, husband or partner, especially when they have had children together. It is the duty of the person to maintain his wife, children and aged parents, who are not able to live on their own.
Who can Claim & Get Maintenance
- Father or mother from his son or daughter.
- Wife from his husband
- Legitimate or illegitimate minor child from his father
A Wife can claim and get maintenance from her husband in the following conditions:
- She is divorced by her husband
- Obtained divorce from her husband
- She has not remarried and
- She is not able to maintain herself
A wife can not claim and get maintenance from her husband in the following conditions:
- wife living in adultery
- refuses to live with husband without any valid reason or
- living separately by mutual consent.