Under Section 125 of the Code of Criminal Procedure,

Solution

125 CrPC states that if a person having sufficient means neglects or refuses to maintain certain dependants, a Magistrate may order maintenance in favour of such persons. The provision expressly includes the wife unable to maintain herself, legitimate or illegitimate children in specified categories, and also the father or mother who are unable to maintain themselves. Explanatory material on Section 125 also notes that the expression “wife” refers to a legally married wife, subject to statutory disqualifications such as living in adultery or refusing to live with the husband without sufficient cause. Section 125(2) permits the Magistrate to award maintenance either from the date of the order or from the date of the application. The available explanatory sources further note that there is no fixed upper limit for maintenance and that non-compliance may result in imprisonment up to one month for breach of the order.