Section 125: Is Maintenance to be Paid to Wife or Custody Holder?
crpc_bnss clat_ug advanced late_night_postI've got my head in the oven, literally, and still trying to understand this one. So, I've been studying this Section for hours now and I'm like, what's the deal with maintenance? It's mentioned in the wife's name but custody holder is the one who has the kid, right? Does the court pay maintenance to the wife or the person who's actually taking care of the kid? Like, I get it, wife is supposed to get maintenance if the court doesn't award custody to her, but what if custody is given to her and now someone else is paying her to take care of the kid? Who gets the money, really?
( edit: anyone who can answer this at 2 am gets my eternal gratitude )
3 Comments
Section 125 CrPC ke under, maintenance kaa paata kareeb hai iske bachon ke liye jo apne parents se alag hai. Maintenance kaa payment woh voh kar sakta hai jo custody ke holder hain, na ki only wife. Yeh khaas tareeke se kaha gaya hai ki jo bachon ki zimmewari par hota hai, usse maintenance kaa paata dena hota hai.
Mazboot point hai, Section 125 ka. To kya hota hai? Maintenance kaha jaata hai, lekin question hai, iska paisa wife ya custody holder ko jama karna chahiye? Main bolunga, ismein custody holder ka nam bhi hona chahiye, kyunki woh child ka khayal rakhta hai. Sabhi kehna hai ki Section 125 mein koi bhi change nahi hona chahiye.
Section 125 CrPC mein maintenance ka concept hai, lekin maintenance kisko dena hota hai, isse logon mein confusion hoti hai. Bilkul sahi, maintenance apne wife ko dena hota hai, not custody holder ko. Wife ko apne bachchon ki upbringing ke liye maintenance milta hai. Bas aapko court mein application file karna hota hai, jab tak maintenance order nahi ho jata hai, tab tak aapko monthly maintenance milta rahta hai.