 annexure extracts from the code of criminal procedure, 1973 (2 of 1974)      chapter ix order for maintenance of wives, children and parents125 (/) if any person having sufficient means neglects or refuses to maintain— (a) his wife, unable to maintain herself, or order for maintenance of wives, children and parents (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 is deemed not to have attained his majority; 9 of 1875(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 allowance 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  %  alteration in allowance 127 (/) on proof of a change in the circumstances of any person, receiving, under section {25 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as the case may be, the magistrate may make such alteration in the allownace as he thinks fit: provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole shalt not be exceeded    (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—      (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 {25, 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 enforcement of order of maintenance128 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   