Paid Advise

Section 125 crpc – Right to Maintenance

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Criminal Law | Maintenance

Reading Time:

My husband is an engineer, and he is very short-tempered. He used to torture me on every silly mistake. Due to his torture, I have decided to live separate with my two daughters. I am a post-graduate in History and working as a teacher in a private school. My father is a retired government officer, so he has no sufficient means to take care of us.

I have filed a complaint about maintenance section 125, but the lawyer of my husband took a plea that I’m a teacher so I have sufficient means. Therefore, no need for maintenance from the husband. The case is pending, is there any case law in my favour?

The wife, children, and parents can seek maintenance under Section 125 of the code of criminal procedure (CrPC). A husband cannot neglect his wife if he is financially sound.

The court considers the actual necessity of the wife while granting maintenance. You are a school teacher. But your earning is not sufficient for livelihood. In this situation, you can invoke section 125 for a monthly allowance from your husband.

A wife can receive financial support from her husband, although she has some earning. Your husband has substantial earning. He must provide you with a quality living standard as other women are getting in his family. The court always considers the actual status of woman in the husband’s family.

If the wife is earning

Maintenance is not merely financial support. It is a sense of honour for a wife. In this context, she can compare with the other woman of her husband’s family. The living standard directly connected with the earning of the husband.

Your husband has substantial earning. He cannot refuse to give monetary support because of your independent income. Your earning does not pose any hurdle to receive alimony from her husband.

In Shailja v. Khobbanna, (2018) 12 SCC 199the Supreme Court held that an earning wife is entitled to receive maintenance from her husband.

In Sunita Kachwaha vs Anil Kachwaha AIR 2008the wife was a working lady. The Supreme Court believed that this fact is not sufficient to hold that she is in a position to maintain herself.

Your earing may reduce the amount of monthly allowance because you can maintain yourself to some extent. Protection of wife from starvation is a paramount duty of the husband. The wife has a right to live a quality life; however, she has been living separately. Your husband cannot escape from this duty merely that you have some earning.

Section 125 crpc

This section provides speedy justice to the wife, children, and parents. If they are living under vagrancy or destitution, they can invoke section 125.

When the competent husband neglects or refuses to support his wife, then the wife has the right to claim maintenance under this section.

In the course of getting maintenance under section 125 crpc, you have to prove that:

  • You are unable to maintain herself.
  • Your husband has sufficient means to maintain.
  • Husband neglects or refuses to maintain.

When the wife living separately

You said that you are living independently from the husband. So you have to prove that there is sufficient reason for separate living; otherwise, the court will not award maintenance.

Relation of husband and wife is very pious. Law expects that wife should live with her husband and perform her marital obligation. When a wife has sufficient reason to live separately, she is also entitled to get maintenance.

0 Comments

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Quashing of first information report (FIR)

Question: I want the quashing of the first information report (FIR). A false first information report FIR has been lodged against me by the university. There are three students who are working on a project in association with me. I am the senior most of them hence,...

Threatening woman on revealing the truth to family 

Question: A man is threatening a woman on revealing the truth to her family. I'm a husband. I'm writing this for my wife. She had an affair with a person and she also helped him with money in his difficult time without informing me. Few days back she apologised...

In 498A, will my family get arrested?

Question: In 498A, will my family get arrested? My wife has filed a false case against my family. She wanted to marry her friend but due to pressure from her father she married me. There is no fault from my side but due to the whim of my wife my family is facing...

Can I file a complaint against the family court?

Question: Can I file a complaint against the family court? Asked from: Kerala You can file a complaint against the sitting subordinate court judge for his misconduct or dishonest conduct in dealing lawsuits. But you must have credible and clinching evidence to prove...

Section 383 Indian Penal Code: Extortion

Section 383: Extortion Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54