Is Section 125 bailable?

IPC 125 is a Non-Bailable offence.

Is CrPC 125 a criminal case?

2525. 2(C) Nature of proceeding u/s 125 Cr PC is civil :The jurisdiction of magistrate under chapter IX Cr PC is not strictly a criminal jurisdiction.

Who can file 125 CrPC?

The children. A grant for maintenance can be sought for children who are minors. i.e., with reference to Explanation (a) of Section 125 of CrPC, it refers to persons who have not completed 18 years of age as per the Indian Majority Act, 1875. The child may be male or female.

How do you beat level 125 on CrPC?

If you can successfully prove above mentioned facts she cannot claim maintenance under section 125 crpc. Hi, you can file a divorce petition on the ground of cruelty as far as 498/a and petition under 125 of the Criminal Procedure Code you have to contest the case.

Who is wife for the purpose of section 125 CrPC?

MEANING OF ‘WIFE’ UNDER SECTION 125 OF CrPC: The section applies only to the abandoned wife and not to the abandoned mistress. “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.”

Can wife claim maintenance without divorce under section 125 CrPC?

Even without divorce, maintenance comes when she is separated from her husband or her husband has separated from her without any proper reason. Maintenance can be claimed by the wife under Section 125, CRPC.

How can I avoid Section 125?

You have to prove that she left you without any reasonable cause and there is no fault on your part, further you can also produce documents to show that your income is insufficient as there are many dependence on you, further you can also bring to notice of court if she is having any source of income.

How do you quash 125 CrPC?

1. See there is no quashing available for 125 crpc.at this stage you can pray before court that since the prosecution is not avilable for evidence her petition can be dismissed for non prosecution or the her evidence can be closed and the matter can be kept for the respondent evidence.