The Kerala High Court recently held that a person who is a beggar and does not have any source of income cannot be directed to pay maintenance under Section 125 of the Code of Criminal Procedure (CrPC). The ruling underscores the principle that while Section 125 CrPC is a beneficial provision aimed at preventing destitution of dependents, the liability to pay maintenance arises only if the person has the means to do so.
Court’s Observation
The Court noted that Section 125 CrPC mandates that a person with sufficient means is obliged to maintain his wife, children, or parents if they are unable to maintain themselves. However, in the case of a beggar, who survives merely by seeking alms and has no stable income, it would be unrealistic and legally untenable to direct payment of maintenance.
The Court emphasized that the obligation to maintain dependents cannot be enforced against a person who is himself in extreme poverty and incapable of maintaining even his own livelihood.
Legal Principle
- Section 125 CrPC is a welfare provision intended to provide immediate relief to dependents and prevent vagrancy.
- The liability to pay maintenance is not absolute; it is contingent on the financial capacity of the person against whom the claim is made.
- If the respondent is in a condition of penury, without any source of income or assets, the order for maintenance cannot be sustained.
Significance of the Ruling
This judgment clarifies that courts must balance the right to maintenance of dependents with the practical financial condition of the person liable. While protecting vulnerable spouses, children, or parents remains the objective of Section 125 CrPC, compelling a person living in poverty to pay maintenance would defeat the principle of fairness and justice.
Conclusion
The Kerala High Court’s ruling highlights the compassionate yet practical interpretation of Section 125 CrPC. The decision ensures that maintenance claims are adjudicated not merely on legal entitlement but also on the real financial circumstances of the respondent.
