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Section 125 CRPC Maintenance to Wife

Section 125 CRPC speak about maintenance to wife. In broadly speaking meaning of maintenance is the financial support that the woman can claim from her husband after divorce. Working women can also claim maintenance. Besides that women, children and parents also claim maintenance. There are so many laws that provide the provision of maintenance like Section125 of Criminal Procedure Code, Hindu Adoption and Maintenance Act, Hindu Marriage Act, Domestic Violence Act. A woman can claim maintenance under any law or in all the law. Therefore, in other words, women can claim maintenance for her day to day expenses.

If any person who is having sufficient income. And who refuses to maintain his wife. Or he refused to maintain his legitimate and illegitimate minor and major child. Or he refused to maintain his father and mother who are unable to maintain themselves. So, in such cases, the magistrate may pass an order for such monthly allowances to wife, child, mother and father. In this provision, the wife includes who has obtained a divorce from her husband and has not remarried. The married daughter is not entitled to claim maintenance.

If such a person is unable to comply with that order the Magistrate may issue a warrant or may sentence such person. And wife cannot claim maintenance if she is living in adultery. The magistrate shall cancel the order of maintenance if she is living in adultery.

Whenever there are changes in circumstances, women can make an application for alteration of monthly maintenance orders.

Where to apply to maintenance (Section 125 crpc)

Application for maintenance may be filed against any person in any district. And where he or his wife reside or he last resided with his wife.

Section 24 of the Hindu Marriage Act

Both husband or wife can claim maintenance under the Hindu Marriage Act. Under this act husband or wife can make an application for maintenance. If either of them has no sufficient independent income for his or her support or the expenses of the proceeding. Either Neither party can claim maintenance for the litigation expenses.

Domestic Violence Act

The magistrate shall have powers to grant maintenance to women as per the nature and circumstances of the case. As a result, women can get interim maintenance under any provision of law.

Section 18 of the Hindu Adoption and Maintenance Act

As per the provisions of this act, the Hindu wife is entitled to claim maintenance from her husband during her lifetime. Hindu wife cannot claim maintenance if she is unchaste or she converts to another religion. The wife can reside separately from her husband and claim maintenance on the following grounds:

  1. A person abandons his wife without any reasonable cause without her consent
  2. Husband treated his wife with such cruelty
  3. If a person is suffering from leprosy
  4. If a husband has another wife living
  5. When a person keeps concubine in the same house
  6. A person converts to another religion

What is the difference between Maintenance and Alimony? (section 125 crpc)

Alimony and maintenance both are different concepts. Alimony is the lump sum amount paid after divorce from the husband. And wife gets the maintenance amount from her husband after divorce. And maintenance amount is the monthly amount paid to the wife over a continuous period.

Can working women entitle to claim maintenance from her husband?

The answer to the above question in the broad sense is Yes. But there are different opinions of different courts. Working women too claim maintenance under section 125 crpc from their husband depends upon facts, circumstances and merits of every case. Therefore even working women can claim maintenance.

What is the right of a husband to claim maintenance from his wife?

The husband can claim maintenance from his wife if the husband is unable to earn. Husband has to prove his incapacity to earn. But if the husband is earning a good amount then he can not claim maintenance.

Working women can claim maintenance (section 125 crpc)

A working wife can claim maintenance under section 125 crpc. Supreme court held in Sunita Kachwaha And Ors vs Anil Kuchwaha on 28 October, 2014. Here is the link to full Judgement https://indiankanoon.org/doc/3786357/.

Also Read : Cheque bounce case law and procedure

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