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prabir   18 May 2021

Maintenance application

I wish to know whether there is any provision u/s 125 Cr.P.C. for a minor child to claim maintenance for oneself in a fresh application during the on going process of receiving maintenance. If not, what steps could be taken?


 3 Replies

Sankaranarayanan (Advocate)     18 May 2021

State the facts clearly. 

Arpita Chauhan   18 May 2021

Respected Sir,

Yes under section 125 of CrPC, ,maintenance can be claimed for a minor child by filing an application in the appropriate Court.

If your on going case of maintenance case is not for the child then you have to file a fresh application for the child's maintenance in a competent court that  has the jurisdiction over the matter.

Section 125 of the Code of Criminal Procedure deals with the maintenance of wife, child and parents.

Under this Section, the Court can order a person to maintain his wife, child and parents in case he neglects or refuses to maintain them.

However, if the case is such where maintenance is already provided but  you want to increase the allowance for the wife, child or parents then in that case an application is filed under Section 127 of CrPC.

I hope I was able to help, however this is an advice from internet research and not a legal advice and I would suggest that to make things clear, please consult a lawyer.

Regards

Arpita Chauhan

prabir   18 May 2021

The fact is, wife filed for maintenance for self and child suppressing her service. Her application for maintenance was rejected but child was granted maintenance, when the matter of her employment was brought to the attention of the Ld. Court. A case u/s 340 Cr.P.C. was filed against wife for making false statements under oath; the case is yet to be decided.

Wife collected maintenance on behalf of child for few years. Now, in the last maintenance petition, child was made the petitioner and wife removed her name form the petition. In the mean time, in the execution petitions she made false claims which was again brought into notice of the court. Hearing for this is complete; order is yet to be delivered. Now the question is whether the application is valid , more so, why such change!


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