Text of CrPC Section 488

Section 488: Order for Maintenance of Wives and Children

(1) If a person with sufficient means neglects or refuses to maintain:

• His wife, or
• His legitimate or illegitimate child unable to maintain itself,

a Magistrate of the first class may, upon proof of such neglect or refusal, order the individual to pay a monthly allowance for the maintenance of his wife or child. This amount, as decided by the Magistrate, shall not exceed four hundred rupees in total and must be paid to the person the Magistrate directs.

(2) The allowance shall be payable from:

• The date of the order, or
• The date of the application for maintenance, if so ordered.

(3) Enforcement of Order:
If the individual fails to comply with the order without sufficient cause, the Magistrate may:

1. Issue a warrant for levying the amount due as provided for levying fines.
2. Sentence the individual to imprisonment for up to one month or until payment is made, whichever occurs sooner, for any unpaid monthly allowance after execution of the warrant.

Provisos:

• If the individual offers to maintain his wife on the condition that she lives with him, and she refuses, the Magistrate may consider her reasons for refusal. The Magistrate can make an order under this section, even with the refusal, if satisfied that the wife has just grounds.
• No warrant shall be issued for recovery of any due amount unless an application to levy the amount is made to the Court within one year of the due date.

(4) A wife is not entitled to maintenance if:

• She is living in adultery,
• She refuses to live with her husband without sufficient reason, or
• They are living separately by mutual consent.

(5) Cancellation of Order:
On proof that:

• The wife in whose favour an order has been made is living in adultery,
• She refuses to live with her husband without sufficient reason, or
• They are living separately by mutual consent,

the Magistrate shall cancel the order.

(6) Evidence:
All evidence under this Chapter shall be taken:

• In the presence of the husband or father, as the case may be, or
• When his personal attendance is dispensed with, in the presence of his pleader.

Evidence must be recorded in the manner prescribed for summons cases.

Proviso:
If the Magistrate is satisfied that the individual is wilfully avoiding service or neglects to attend the Court, the Magistrate may proceed to hear and determine the case ex-parte.

Orders made ex-parte may be set aside upon a good cause shown, provided an application is made within three months of the order date.

(7) Costs:
The Court, while dealing with applications under this section, shall have the power to make such orders as to costs as it deems just.

(8) Jurisdiction:
Proceedings under this section may be taken against any person in any district where:

• He resides or is currently located,
• He last resided with his wife, or
• As the case may be, where the mother of the illegitimate child resides.