JAIPUR NATIONAL UNIVERSITY

(A VENTURE OF THE SEEDLING GROUP OF EDUCATIONAL INSTITUTIONS)

COMPARATIVE CRIMINAL PROCEDURE 1973

SUBJECT -: PROVISION FOR MAINTENANCE UNDER INDIAN AND

CHINECE CRPC

(Date of submission – 12 october 2017)

Submitted to: Submitted by:

Niharika Gaur mam Niraj kumar

 CONTENTS
(PROVISION FOR MAINTENANCE UNDER INDIAN AND CHINESE CRPC)

1. Introduction

2. Sec. 125 -

(Order for maintenance wives, children and parents)

3. Case laws

4. Sec. 126 –
(Procedure)

5. Sec. 127 –

(Alteration in allowance)

6. Sec. 128 –

(Enforcement of order of maintenance)

7. Important case laws

8. Introduction of china crpc

9. Convention on the Rights of the Child

10.Conclusion
 ACKNOWLEDGEMENT

With immense please, I Mr. NIRAJ KUMAR . presenting

the assignment report as part of the curriculum of subject
(provision for maintenance under Indian and Chinese crpc). I
wish to thank all the people to gave me support.

I express my profound thanks to faculty Mrs. Niharika

Gaur mam all those who have indirectly guide and helped me
in preparation of this assignment.

Niraj kumar
(signature of the student )
 Introduction of Indian crpc

The Code of Criminal Procedure (CrPC ) is the main legislation

on procedure for administration of substantive criminal law in
India.[1] It was enacted in 1973 and came into force on 1 April
1974.[2] It provides the machinery for the investigation of crime,
apprehension of suspected criminals, collection of evidence,
determination of guilt or innocence of the accused person and
the determination of punishment of the guilty. Additionally, it
also deals with public nuisance, prevention of offences and
maintenance of wife, child and parents.

At present, the Act contains 484 Sections, 2 Schedules and 56

Forms. The Sections are divided into 37 Chapters.
Section 125 in The Code Of Criminal Procedure, 1973

125. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to

maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married

or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married

daughter) who has attained majority, where such child is, by
reason of any physical or mental abnormality or injury unable
to maintain itself, or

(d) his father or mother, unable to maintain himself or herself,

a Magistrate of the first class may, upon proof of such neglect
or refusal, order such person to make a monthly allowance for
the maintenance of his wife or such child, father or mother, at
such monthly rate not exceeding five hundred rupees in the
whole, as such Magistrate thinks fit, and to pay the same to
such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor
female child referred to in clause (b) to make such allowance,
until she attains her majority, if the Magistrate is satisfied that
the husband of such minor female child, if married, is not
possessed of sufficient means. Explanation.- For the purposes
of this Chapter,-

(a) " minor" means a person who, under the provisions of the
Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have
attained his majority;

(b) " wife" includes a woman who has been divorced by, or has
obtained a divorce from, her husband and has not remarried.

(2) Such allowance shall be payable from the date of the order,
or, if so ordered, from the date of the application for
maintenance.

(3) If any person so ordered fails without sufficient cause to

comply with the order, any such Magistrate may, for every
breach of the order, issue a warrant for levying the amount due
in the manner provided for levying fines, and may sentence
such person, for the whole or any part of each month' s
allowances remaining unpaid after the execution of the
warrant, to imprisonment for a term which may extend to one
month or until payment if sooner made: Provided that no
warrant shall be issued for the recovery of any amount due
under this section unless application be made to the Court to
levy such amount within a period of one year from the date on
which it became due: Provided further that if such person
offers to maintain his wife on condition of her living with him,
and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her,
and may make an order under this section notwithstanding
such offer, if he is satisfied that there is just ground for so
doing. Explanation.- If a husband has contracted marriage with
another woman or keeps a mistress, it shall be considered to be
just ground for his wife' s refusal to live with him.

(4) No Wife shall be entitled to receive an allowance from her

husband under this section if she is living in adultery, or if,
without any sufficient reason, she refuses to live with her
husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been
made under this section is living in adultery, or that without
sufficient reason she refuses to live with her husband, or that
they are living separately by mutual consent, the Magistrate
shall cancel the order.

https://indiankanoon.org
Important case laws

 Jageer kaur v/s Jasvant singh 1954 sc held the sec. 125 of
crpc only fulfill the social responsibilities.

 Chaturbhuj v/s Seeta bai 2008 sc purpose of sec. 125 crpc

is not to punish any person and the word in capable to
maintain her self is factual not perverse.

 Savita ben somji bhai bhatiya v/s state of gujrat 2005 sc

for the purpse of 125 crpc wife mean only legal married
wife.

 Rohitash v/s Remendari Devi 2000 sc word wife into

divorce wife when will be not re marriage.

 Ashok kumar v/s ADJ varanshi 1998 sc his husband is

important so sufficient reason for wife demanding living
separately.
Section 126 in The Code Of Criminal Procedure, 1973

126. Procedure.

(1) Proceedings under section 125 may be taken against any

person in any district-

(a) where he is, or

(b) where he or his wife, resides, or
(c) where he last resided with his wife, or as the case may be,
with the mother of the illegitimate child.

(2) All evidence in such proceedings shall be taken in the

presence of the person against whom an order for payment of
maintenance is proceed to be made, or, when his personal
attendance is dispensed with, in the presence of his pleader,
and shall be recorded in the manner prescribed for summons-
cases: Provided that if the Magistrate is satisfied that the
person against whom an order for payment of maintenance is
proposed to be made is wilfully avoiding service, or wilfully
neglecting to attend the Court, the Magistrate may proceed to
hear and determine the case ex parte and any order so made
may be set aside for good cause shown on an application made
within
three months from the date thereof subject to such
terms including terms at to payment of costs to the opposite
party as the Magistrate may think just and proper.

(3) The Court in dealing with applications under section 125

shall have power to make such order as to costs as may be just.

https://indiankanoon.org/doc/1056396
Section 127 in The Code Of Criminal Procedure, 1973

127. Alteration in allowance.

(1) On proof of a change in the circumstances of any person,

receiving, under section 125 a monthly allowance, or ordered
under the same section to pay a monthly allowance to his wife,
child, father or mother, as case may be, the Magistrate may
make such alteration in the allowance he thinks fit: Provided
that if he increases the allowance, the monthly rate of five
hundred rupees in the whole shall not be exceeded.

(2) Where it appears to the Magistrate that, in consequence of

any decision of a competent Civil Court, any order made under
section 125 should be cancelled or varied, he shall cancel the
order or, as the case may be, vary the same accordingly.

(3) Where any order has been made under section 125 in
favour of a woman who has been divorced by, or has obtained
a divorce from, her husband, the Magistrate shall, if he is
satisfied that-

(a) the woman has, after the date of such divorce, remarried,
cancel such order as from the date of her remarriage;

(b) the woman has been divorced by her husband and that she
has received, whether before or after the date of the said
order, the whole of the sum which, under any customary or
personal law applicable to the parties, was payable on such
divorce, cancel such order,-

(i) in the case where, such sum was paid before such order,
from the date on Which such order was made,

(ii) in any other case, from the date of expiry of the period, if
any, for which maintenance has been actually paid by the
husband by the woman;

(c) the woman has obtained a divorce from her husband and
that she had voluntarily surrendered her rights to maintenance
after her divorce, cancel the order from the date thereof.

(4) At the time of making any decree for the recovery of any
maintenance or dowry by any person, to whom a monthly
allowance has been ordered to be paid under section 125, the
Civil Court shall take into account the sum which has been paid
to, or recovered by, such person as monthly allowance in
pursuance of the said order.

https://indiankanoon.org
Section 128 in The Code Of Criminal Procedure, 1973

Sec. 128. Enforcement of order of maintenance. A

copy of the order of maintenance shall be given without
payment to the person in whose favour it is made, or to his
guardian, if any or to the person to whom the allowance is to
be paid; and such-

order may be enforced by any Magistrate in any place

where the person against whom it is made may be, on such
Magistrate being satisfied as to the identity of the parties and
the non- payment of the allowance due. CHAP MAINTENANCE
OF PUBLIC ORDER AND TRANQUILLITY, CHAPTER X
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY, A.-
Unlawful assemblies.
 IMPORTANT CASES

 Sanjay Bhardawaj Vs Dehli 2010 dhc an unemployed

person cannot be forced to give maintenance under sec.
125 of C.r.p.c

 Lalit mohan Vs Tripta devi 1996 J&K wife is also entitled

to give maintenance to her husband if due to and
abnormality husband is incapable to maintain himself

 Vimla Vs Veera sawami 1991 s.c the purpose of sec. 125

is to prevent the vegrancy or destitution.

 Dr. Ranjeet bhattacharaya Vs Savita bhattacharaya

1996 s.c second wife can get compensation not
maintenance.

 Savatri Vs Govind singh ravat 1986 s.c direct for interim

maintenance u/sec.125
 Dr. Vijaya manohar arbat Vs Kashira rajaram sawai
1989 s.c a doctor is also bound to pay maintenance to her
parents if she herself is able.

 Mahhom. Ahemad khan Vs Shah bano begam

1985 s.c a Muslim divorce women is also entitled to
get maintenance until remarriage.

 Mamta jayaswal Vs Rajesh jayaswal 2003

Or

 Firdos Mahom. Shoyeb khan Vs Mahom. Shoyeb

Mahom. Saleem khan 2015 s.c husband cannot be
forced to pay maintenance if, wife is well qualified
and sitting idle and not working.
 INTRODUCTION

Criminal Procedure Law of the People's Republic of

China

(Adopted at the Second Session of the Fifth National

People's Congress on July 1, 1979, and amended for the first
time in according with the Decision on Amending the Criminal
Procedure Law of the People's Republic of China adopted at the
Fourth Session of the Eighth National People's Congress on
March 17, 1996, and amended for the second time in according
with the Decision on Amending the Criminal Procedure Law of
the People's Republic of China adopted at the Fifth Session of
the 11th National People's Congress of the People's Republic of
China on March 14, 2012)
 Convention on the Rights of the Child

Adopted and opened for signature, ratification and accession by

General Assembly resolution 44/25 of 20 November 1989

entry into force 2 September 1990, in accordance with article 49

Preamble

The States Parties to the present Convention,

Considering that, in accordance with the principles
proclaimed in the Charter of the United Nations,
recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is
the foundation of freedom, justice and peace in the world,

Bearing in mind that the peoples of the United Nations

have, in the Charter, reaffirmed their faith in fundamental
human rights and in the dignity and worth of the human
person, and have determined to promote social progress
and better standards of life in larger freedom,

Recognizing that the United Nations has, in the Universal

Declaration of Human Rights and in the International
Covenants on Human Rights, proclaimed and agreed that
everyone is entitled to all the rights and freedoms set forth
therein, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status,
Recalling that, in the Universal Declaration of Human
Rights, the United Nations has proclaimed that childhood
is entitled to special care and assistance,
Convinced that the family, as the fundamental group of
society and the natural environment for the growth and
well-being of all its members and particularly children,
should be afforded the necessary protection and
assistance so that it can fully assume its responsibilities
within the community,
Recognizing that the child, for the full and harmonious
development of his or her personality, should grow up in a
family environment, in an atmosphere of happiness, love
and understanding, Considering that the child should be
fully prepared to live an individual life in society, and
brought up in the spirit of the ideals proclaimed in the
Charter of the United Nations, and in particular in the
spirit of peace, dignity, tolerance, freedom, equality and
solidarity,
Bearing in mind that the need to extend particular care to
the child has been stated in the Geneva Declaration of the
Rights of the Child of 1924 and in the Declaration of the
Rights of the Child adopted by the General Assembly on 20
November 1959 and recognized in the Universal
Declaration of Human Rights,
in the International Covenant on Civil and Political Rights
(in particular in articles 23 and 24), in the International
Covenant on Economic, Social and Cultural Rights (in
particular in article 10) and in the statutes and relevant
instruments of specialized agencies and international
organizations concerned with the welfare of children,
Bearing in mind that, as indicated in the Declaration of the
Rights of the Child, "the child, by reason of his physical and
mental immaturity, needs special safeguards and care,
including appropriate legal protection, before as well as
after birth", Recalling the provisions of the Declaration on
Social and Legal Principles relating to the Protection and
Welfare of Children, with Special Reference to Foster
Placement and Adoption Nationally and Internationally;
the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules) ; and
the Declaration on the Protection of Women and Children
in Emergency and Armed Conflict, Recognizing that, in all
countries in the world, there are children living in
exceptionally difficult conditions, and that such children
need special consideration, 2 Taking due account of the
importance of the traditions and cultural values of each
people for the protection and harmonious development of
the child, Recognizing the importance of international
cooperation for improving the living conditions of children
in every country, in particular in the developing countries,

http://www.ohchr.org
 CONCLUSION

Conclusion of maintenance

Maintenance is the civil nature case in the code of

criminal procedure. The basic object of maintenance is full fill of
social duty. Maintenance can get wife, legitimate or illegitimate
child, unable to maintain themselves and father or mother,
unable to maintain himself or herself.

Proceedings under section 125. May be taken against any

person in any district –

 Where he is, or
 Where he or his wife reside, or
 Where he last resided with his wife, or as the case may be,
with the mother of the legitimate child.

On proof of a change the circumstances of any

person, receiving, under sce.125 a monthly allowance for
the maintenance or interim maintenance, or ordered
under the same section to pay a monthly allowance for the
maintenance or interim maintenance, to his wife, child,
father or mother, as the case may be, the magistrate may
make such alteration, as he thinks fit in the allowance for
the maintenance or the interim maintenance, as the case
may be.
Such order may be enforced by any magistrate in any
place where the person against whom it is made be, on
such magistrate being, satisfied as to the identity of the
parties and the non- payment of the allowance, or as the
case may be, expenses, due.