WHAT ARE THE PROCEDURES OF 125 section

You are required to collect all information about the claimant and the respondent before drafting and filing complaint before jurisdictional Court under the provisions of Section 125 of the Criminal Procedure, 1973.

Police has no role in a case under section 125 Cr PC

Be clear and specific qua your doubt.

Having served with the summons, you may engage an advocate. Hde would take care of the procedures and steps.

Dear Querist,

Maintenance under section 125 of CRPC is a tentative remedy and is granted irrespective of personal laws. It also acts as an economic umbrella to the weaker, having no sufficient means to maintain themselves. The Wives, Children and Parents being the other  Beneficiaries of the section. 

When it comes to the maintenance of wives, landmark case laws like shah bano and Daniel Latifi V. UoI, 2001 determins the rights of Muslim women. On the other hand, maintenance to the weaker means the wife by the husband, the Child by its father, and the father and the mother by the son.

The silence of law respecting the liability of the daughter.

The Supreme Court making the daughter duty-bound to maintain her parents, stressing social obligation, refers to this case of Vijaya Manohar Arbat v/s Kashirao Rajaram Sawai.

The procedure to maintenance is that the amount as the maintenance should be consistent with the status of the family. Warrant is issued on every breach of the order for levying the amount. The imprisonment of one month is treated as the last resort when recourse to attachment and sale fail. 

The object of the maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves and who have a moral claim to support.

Regards,

Palak