My husband is not paying maintenance and I want to file under Section 125 CrPC in Faridabad, how do I proceed?
LA Asked by Lakshmi Menon from India
Quick Answer
Section 125 of the Code of Criminal Procedure provides a quick and effective remedy for a wife, children, and parents to claim maintenance from a person who has sufficient means but neglects to maintain them.
Detailed Legal Analysis
Section 125 of the Code of Criminal Procedure provides a quick and effective remedy for a wife, children, and parents to claim maintenance from a person who has sufficient means but neglects to maintain them. In Faridabad, you can file an application before the Judicial Magistrate First Class having jurisdiction over your residence or where your husband resides or works.
The Allahabad High Court has clarified that a wife's right under Section 125 CrPC is independent of any decree under personal law and can be claimed irrespective of religion. Uttar Pradesh Rent Control Act 1972 may prescribe additional procedural rules for filing and service of notice.
You must show that your husband has sufficient means and that you are unable to maintain yourself. The court can order interim maintenance pending the final application.
The order is enforceable as a criminal court order and breach can result in imprisonment.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.