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January 2023

Maintenance under Criminal Procedure Code

By Dr. Anup P. Shah, Chartered Accountant
Reading Time 12 mins
INTRODUCTION The duty to maintain certain relatives is a subject covered by different statutes. The Hindu Adoption and Maintenance Act, 1956 deals with the maintenance to be provided by a Hindu male for his wife, parents, children and certain other relations. Another Hindu Law statute which deals with this is the Hindu Marriage Act, 1955. Maintenance payable by a Hindu to his wife is also covered under the Protection of Women from Domestic Violence Act, 2005. This Law applies to people of all religions. However and interestingly, maintenance as an obligation is also covered under the Code of Criminal Procedure, 1973 (CrPC). The CrPC is a criminal procedure law, whilst maintenance is a civil obligation. Nevertheless, sections 125 to 128 of the CrPC deal with this important civil duty. The Bombay High Court in Zahid Ali Imdadali vs. Fahmida Begum 1988 (4) BomCR 366 has observed that the right of an aggrieved claiming maintenance u/s 125 of the CrPC was essentially a civil right. The remedies provided in the said sections were in the nature of civil rights. The proceedings u/s 125 were essentially civil in nature. In Badshah vs. Urmila Badshah Godse (2014) 1 SCC 188, the Supreme Court explained that the purpose of these sections of the CrPC was to achieve “social justice”, which was the constitutional visio
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