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Summary of Section 125 of CrPC in relation to the Hindu Marriage Act

Section 125 of the Criminal Procedure Code (CrPC):
Provides a mechanism for maintenance to wives, children, and parents who are unable to support themselves. It is a summary proceeding aimed at preventing vagrancy and destitution.
The wife can claim maintenance if she is unable to maintain herself, even if the marriage is dissolved or the couple is living separately.
The order of maintenance can be enforced by the court, and non-compliance may lead to penalties or imprisonment (References: Dani Bai VS Amarchand - Rajasthan, Shambhu Nath Pathak VS Kanti Devi - Patna, Sudhir Kumar VS State Of Rajasthan - Rajasthan, Shri Kuldeep Kumar VS Chander Kanta - Crimes, KULDIP KUMAR VS CHANDER KANTA - Delhi).
Section 25 of the Hindu Marriage Act, 1955:
Allows a spouse to claim permanent alimony and maintenance during or after divorce proceedings.
The court considers financial status, needs, and conduct of the parties to award maintenance.
Maintenance under Section 25 is civil in nature and is distinct from maintenance under Section 125 CrPC, but both can be claimed concurrently or separately.
It can be awarded during proceedings or as a lump sum (References: SUMAN BALA VS O. P. ARORA - Delhi, Dani Bai VS Amarchand - Rajasthan, Master Aditya Vikram Kansagra VS Perry Kansagara - Current Civil Cases, Gnanasabesan VS Revathi @ Kausalya & Another - Madras).
Relationship and Differences:
Section 125 CrPC is a criminal remedy for maintenance, applicable to all persons including Hindus, Muslims, etc., and is primarily aimed at preventing destitution.
Section 25 of the Hindu Marriage Act specifically pertains to Hindu spouses and divorce-related maintenance.
Courts often consider both provisions when awarding maintenance, depending on the circumstances.
Legal Proceedings and Enforcement:
Maintenance orders under Section 125 CrPC are enforceable and must be obeyed; failure to comply can lead to imprisonment (References: Shri Kuldeep Kumar VS Chander Kanta - Crimes, KULDIP KUMAR VS CHANDER KANTA - Delhi).
The Hindu Marriage Act provides for permanent alimony through civil courts, which can be claimed during or after divorce proceedings.

Analysis and Conclusion

Section 125 of CrPC serves as a social safeguard ensuring that individuals, especially women, are supported financially and are not left destitute, regardless of marital status or divorce proceedings. The Hindu Marriage Act complements this by providing specific provisions for maintenance and alimony within the context of Hindu marriages. Courts often apply both provisions to protect the rights of spouses, with Section 125 acting as a quick remedy and Section 25 providing permanent support. Both legal provisions aim to prevent vagrancy and support dependents, ensuring financial security for vulnerable parties.

References:

Search Results for "25 Hindu Marriage Act Section 125 of Crpc"

2006 0 Supreme(Raj) 717 • India - Rajasthan

PRAKASH TATIA

Divorce - Cruelty - Section 125, CrPC - Section 494, CrPC - Section 25, Hindu Marriage Act - [SUMMARY OF ACT SECTIONS] Fact ... 125, CrPC. ... sought divorce on the ground of cruelty, alleging that the respondent left him in 1987 and initiated multiple proceedings....

1997 0 Supreme(Del) 91 • India - Delhi

S.N.KAPUR

Hindu Marriage Act, 1955 - Sections 24, 25 and 26 — Sections 18,19,20 and 20, Hindu Adoption and Maintenance Act, 1956 — Section ... 125, CrPC — Maintenance of — Intention of legislature — Husband sought restitution of conjugal rights — Counter claim of divorce ... 24, Hindu Marriage#HL_EN....

2014 0 Supreme(Pat) 450 • India - Patna

NAVIN SINHA, PRABHAT KUMAR JHA

be entitled to a double bonanza both under Section 25 of Hindu Marriage Act and Section 125 of Cr.P.C. ... Hindu Marriage Act, 1955–Section 25–Code of Criminal Procedure, 1973–Section 125–Permanent alimony and maintenance–Respondent cannot ... be....

2018 0 Supreme(MP) 788 • India - Madhya Pradesh

SANJAY YADAV, VIVEK AGARWAL

claim stridhan and other expenses -- she will not claim any amount under section 125 CrPC or under sections 24 and 25 of Hindu Marriage ... (1) Hindu Marriage Act, 1955 -- Ss. 13B, 24 and 25 -- parties decided to mutually dissolve their marriage -- appellant shall not ... 13B of Hindu#HL_E....

1996 0 Supreme(Raj) 861 • India - Rajasthan

N.L.TIBREWAL

MAINTENANCE - SECTION 125, CRIMINAL PROCEDURE CODE - SECTION 25, HINDU MARRIAGE ACT - GROSS SUM PAID TOWARDS PERMANENT ALIMONY ... OF CIVIL COURT ORDER - GROSS SUM PAID UNDER SECTION 25, HINDU MARRIAGE ACT - PROCEEDINGS UNDER SECTION 125, CRIMINAL PROCED....

Master Aditya Vikram Kansagra VS Perry Kansagara

• India - Current Civil Cases

SANJEEV SACHDEVA, VIKAS MAHAJAN

maintenance from her husband under Section 24 and 25 of Hindu Marriage Act; Section 125 Code of Criminal Procedure and under Section ... (A) Court Fees Act, 1870 – Section 7(ii) – Hindu Adoptions and Maintenance Act, 1956 – Sections 18 and 20 ... (Paras 37 and 38)....

Gnanasabesan VS Revathi @ Kausalya & Another

2009 0 Supreme(Mad) 82 • India - Madras

V.PERIYA KARUPPIAH

Marriage Act, 1955, Section 24, Hindu Adoption and Maintenance Act, 1956, Section 18, Hindu Marriage Act, 1955, Section 25, and Code ... Marriage Act, 1955, Section 25, Code of Criminal Procedure, 1973, Section 125#HL_....

ANJANA PILLAI vs P SASIKUMAR Advocate - R BINDU (SASTHAMANGALAM), ,R BINDU (SASTHAMANGALAM),PRASANTH M P

2017 Supreme(Online)(KER) 44572 • India - High Court of Kerala

A.M.SHAFFIQUE, K.RAMAKRISHNAN, JJ

Maintenance - Divorce - Hindu Adoptions and Maintenance Act 1956, Section 18; Hindu Marriage Act 1955, Section 25 - The court ... under Section 25 of the Hindu Marriage Act. ... seek maintenance under Section 25 of the Hindu Marriage#HL....

• India - Crimes

M.L.JAIN

Code, 1973-Sections 125 and 127(2) -Husband not obeying order of maintenance under Section 25 of Hindu marriage Act-Wife moving ... (Para 4) ... (iii) Hindu marriage Act, 1955-Section 2S-Criminal Procedure ... (i) Criminal Procedure Code, 1973 - Sections 125, 397(....

1983 0 Supreme(Del) 321 • India - Delhi

M.L.JAIN

127(2) -Husband not obeying order of maintenance under Section 25 of Hindu marriage Act-Wife moving under Section 125 ... (Para 4) ... (iii) Hindu marriage Act, 1955-Section ... (i) Criminal Procedure Code, 1973 - Sections 125, 397(3), 399 ... These wholesome provisions were enacte....

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