Does court of JMFC have unlimited power in relation to maintenance allowance?

Tilak Marg Forum for Legal Questions Forums Family Law Does court of JMFC have unlimited power in relation to maintenance allowance?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months ago.

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  • #4929

    Anonymous
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    Sir, does even the court of Judicial Magistrate of First Class have unlimited power of allowing maintenance allowance?

  • #4932

    The power of the Judicial Magistrate of First Class (JMFC) to grant maintenance allowance (to wife or other eligible persons such as child or parents who are unable to maintain themselves) is laid down in Section 125 of the Criminal Procedure Code (Cr.P.C.).

    The relevant extract of Section 125(1) of Cr.P.C. is as under:

    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, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: …”.

    This provision says that the Magistrate can pass order for monthly allowance for maintenance “at such monthly rate, as such Magistrate thinks fit”.

    It is pertinent to point out that prior to the year 2001, the words “not exceeding five hundred rupees in the whole” existed after the words “at such monthly rate”. Therefore, prior to the year 2001, there was a maximum limit of ₹ 500 for the maintenance allowance that could be allowed by the JMFC.

    However, by an amendment made to Section 125 in the year 2001, the aforesaid words “not exceeding five hundred rupees in the whole” were deleted.

    Therefore, now, there is no maximum limit on the amount of monthly maintenance allowance that can be ordered by the Magistrate (JMFC) under Section 125 Cr.P.C. It will depend on the facts and circumstances of each case and on the income and financial standards of the parties.

    You can also read in this regard: How is the amount of alimony or maintenance computed on divorce?

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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