Alimony under Section 125 CrPCLaw Alimony has special significance in Indian society. A person has a legal obligation to support all family members, including wives, children and parents. Maintenance in general means to preserve, but in a legal sense it means to provide some sort of support for a person's living expenses so as to support themselves and meet their needs. In Indian jurisprudence provisions relating to maintenance are contained in section 125 CrPC and various personal laws. The concept of alimony originates from art. 15, paragraph 3, strengthened by art. 39 of the Constitution. Maintenance includes support in terms of food, shelter, clothing, etc. to be provided to the child, parents and wife. The purpose of maintenance is to prevent immorality and hardship and improve the economic status of women and children. Section 125 of the CrPC is independent of any personal law and proceedings under this section are applicable to all, irrespective of caste, creed or religion. The above provision was enacted to prevent vagrancy by making those who can provide support to those who are unable to support themselves have a moral right to support. Alimony can be requested both during the pending proceedings and in the final phase. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original Essay Requirements for claiming maintenance Under section 125 CrPC, the onus is on the applicant claiming or seeking maintenance to prove that he is incapable of maintaining himself. They must also demonstrate that they have been rejected or are not currently supported by the person and do not have sufficient resources or means to support themselves. However, if a person is capable of earning whether or not he or she earns money, it can be concluded that the means are sufficient and it is up to him or her to prove that he or she does not have sufficient means. The section also makes special provisions for maintenance of a minor married girl who is entitled to maintenance from her husband and if her husband is unable to maintain her, she can claim maintenance from her father, having sufficient means, till he does not become a major. Furthermore, the wife who demands maintenance from her husband is not entitled to maintenance if she lives in adultery, refuses to live with her husband without sufficient reason and if she lives separately with mutual consent. All these grounds must be present to claim maintenance under the section. Persons entitled to claim maintenance After the above requirements are met, the following persons are entitled to claim maintenance from a person: Wife The wife of a person she is entitled to claim alimony but must be a legally wedded wife. The legal validity of the marriage depends on the personal laws applicable to the parties. The explanation of the section also states that the term wife includes a divorced woman. The age of the wife is irrelevant for claiming maintenance, therefore even a minor wife is entitled to claim maintenance under the section. Any differences in personal alimony laws shall not invalidate alimony requested under this section. Furthermore, the wife who demands maintenance from her husband is not entitled to maintenance if she lives in adultery, refuses to live with her husband without sufficient reason and if she lives separately with mutual consent. Legitimate or illegitimate minor child A legitimate or illegitimate child The illegitimate minor child has the right to claim maintenance from a parent who must be under 18 years of age. Furthermore, if the child is unable to.