Last Updated on June 10, 2024 by Satish Mishra
I, rather everyone would pray never to be dependent on others for daily needs i.e. food, shelter, clothing and live life with dignity. But life is not always fair and then you have to seek support, or may call it help and in legal terms maintenance from the stronger one who can afford it and help you keep bare minimum.
Under CrPC, Section 125 envisages maintenance to wives children and parents. To all those who want to read the entire provision, here it is:
“Section 125 of CrPC provides for maintenance of wives, children and parents.
It states as under:
(1) If any person having sufficient means neglects or refuses to maintain
(a) His wife, unable to maintain herself, or
(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 [***] 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.
Provided further that the Magistrate may, during the pendency of the Proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person]
Explanation. For the purposes of this Chapter,
(a) Minor means a person who, under the provisions of the Indian Majority Act, 1975 (9 of 1875) is deemed not to have attained his majority;
(b) “Wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Any Such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.
(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 for the maintenance or the interim maintenance and expenses of proceeding, as the case be, 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 dare 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 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.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to, live with her, husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order “
Now few inferences to be made from the bare provision:
- Maintenance is enforce social duty of preventing vagrancy and destitution that mostly leads to crimes as clearly quoted by lawfarm, cultivating legal solutions. Maintenance order can be cancelled and the person can go to jail for non compliance. Also recovery suit may follow within a year if not paid. There is a provision for interim maintenance to be decided within 60 days from the date of application. Various judgments have laid down principles while deciding the amount. Supreme Court has gone to an extent saying that it is an absolute right. Controversy is settled, section 125 CrPC is irrespective of religion in addition to personal laws. Maintenance can be sought both from the married wife as well as divorced wife not married yet.
- The person claiming maintenance must satisfy the court that he/she is neglected b respondent as he/she is unable to maintain herself. The court here tries to give the same living standard as that of respondent to the petitioner.
- The maintenance amount will neither be so plentiful that it tempts the claimant to rely solely on maintenance nor so pitiful that it pushes the claimant into vagrancy or a lower standard of living.
- Maintenance amount can be enhanced with time due to change in price index or change of material circumstances.
- The entire concept behind providing maintenance is to prevent destitution of dependent wife, children, and parents and to serve a social cause irrelevant of the personal laws of the parties. The maintenance can be cancelled of wife gets a job or lives in adultery or without any sufficient reason don’t live with husband or they are living separately with mutual consent.
In Delhi High Court Judgment in Sh. Bharat Hegde vs. Smt. Saroj Hegde, the court relied upon 11 noted factors which are to be considered while deciding an application of maintenance, that are:
1. Status of the parties.
2. Reasonable wants of the claimant.
3. The independent income and property of the claimant.
4. The number of persons, the non applicant has to maintain.
5. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home.
6. Non-applicant’s liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. Payment capacity of the non applicant.
9. Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed.
10. The non applicant to defray the cost of litigation.
11. The amount awarded Under Section 125 Cr.PC is adjustable against the amount awarded Under Section 24 of the Act.
In another Division Bench of Delhi High Court of Justices Pradeep Nandrajog and Pratibha Rani, the court held, “the word ‘support’ in section 24 is not to be narrowly interpreted. It does not mean bare existence. It means that the claimant spouse should have the same comfort as the other. Of course the section is not intended to bring about arithmetical equality between the two”.
Maintenance can be sought in Matrimonial, family matters, in disputes with parents, couple staying in live-in relationship for a considerable long time, and deserted wife and children. There is a provision of interim maintenance before the decision of a main case which gets decided mostly in 2-3 months of filing the application. Interim maintenance is the most urgent relief for petitioner as he/she doesn’t have to wait for years till the case is decided.
Regarding maintenance case, you must be having following questions on your mind:
For how long will maintenance Case take? Usually it takes 1-2 years for the main case but the interim is decided between 3-4 months only if the evidence affidavit and other formalities are complied.
Can a husband challenged Maintenance? Yes he can do the same in High Court.
Execution of Maintenance Order? One can file the execution in the same court of magistrate.
How much Maintenance I can get? It entirely depends upon the information in evidence affidavit which includes income, expenditure and assets. The court takes into account education as well as status of the society as well.
Where to read the latest judgments? Click here.
Section 125 CrPC Maintenance is a Criminal case? Nature of provisions u/s 125 CrPC is a social justice legislation. Distinct approach should be adopted while dealing with cases u/s 125 CrPC.
The jurisdiction of magistrate under chapter IX Cr PC is not strictly a criminal jurisdiction. Proceedings u/s 125 CrPC are civil in nature. Section 125 CrPC is measure of social legislation and is to be construed liberally for the welfare and benefit of the wife & children. Proceeding u/s 125 CrPC is summary in nature and intended to provide speedy remedy to wife.
For wife to claim maintenance, if proof of marriage required? Construing the term ‘wife’ broad and expansive interpretation should be given to term ‘wife’ to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of time, strict proof of marriage should not be a pre-condition for maintenance.
Can ex-parte order be passed in a Maintenance case? Ex-parte order u/s 125 CrPC to be set aside where husband was not served.
So whether you are heading for a divorce, be it contested divorce, mutual divorce or staying in separation, you are entitled for maintenance as per provisions in Indian law. Finding the best Maintenance cases lawyer in Chandigarh, Panchkula, Mohali or better we say Tricity has now become easy online but be wary of websites that put misleading banners and information.
Getting information online is very easy but finding relevant information is equally difficult. Not all the information written is meant for your case. Even the websites are now deceptive and they don’t even trade genuinely while deciding your case.
Therefore, Best family law Advocate in Chandigarh, Panchkula, Mohali can be of valuable assistance here. Divorce cases specialist lawyers can also advise clients on alimony matters, child custody, maintenance, permanent settlement, Marriage counseling, and vital property issues.
A best divorce lawyer will discuss all the possibilities of the case with you apart from assuring you winning of the case. Not all contested divorce lawyers guide their clients or tell them the right time frame i.e. when can they get divorce hampering the economic condition of the clients severally. A top divorce lawyer of the city must guide the clients about the procedure and estimated time in bringing the relief to clients who can plan accordingly which is not usually a case.
District courts of Chandigarh, Panchkula, Mohali and Tricity in general are today full of Matrimonial, Divorce, Child Custody , Domestic Violence and Maintenance cases and the only ray of hope lies with the top and best lawyers in Chandigarh, Panchkula, Mohali.
This post is a general guide to the topic. Specialist advice should be sought about your specific case.
