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Informative Article | Law | India | Volume 8 Issue 4, April 2019

Secularity of the Sec 125 CRPC

Harshit Pandey | Dr. Vijay Srivastava

Abstract: The basic aim of this article is to look into the secularity of the Sec 125 of CRPC. The prime question which this article looks upon is whether this section is secular enough to look upon all the sections of the society equally excluding the factors such as caste, creed, religion and gender. It also looks upon the basic factors or reasons for the inclusion of this section in CRPC and the uniformity of this section upon all the classes. Maintenance may be granted to dependent children, parents and legally wedded wives, including but not limited to a divorced spouse, mistress, illegitimate children, etc. In certain cases under personal law, the Indian courts have adopted a lenient view and granted the husband the right to receive maintenance. Such right however, is conditional and typically conferred upon the husband, only if he is incapacitated due to some accident or disease and rendered incapable of earning a livelihood. Such an entitlement is not available to an able person, doing nothing for a living or a wastrel. The remedy under Section 125 is speedy and inexpensive, as compared to personal laws. The provision relating to maintenance under any personal law is however, distinct and separate from Section 125. There is no conflict between both the legal provisions. A person is entitled to maintenance under Section 125 despite having obtained an order under the applicable personal law.

Keywords: Secularity, Uniformity, Maintenance

Edition: Volume 8 Issue 4, April 2019,

Pages: 831 - 834