bbugs 19 November 2021

Maintenance query

A wife have filed an FIR stating that her husband is abusing her and her husband is arrested and is on bail now. Can a wife filed for maintenance under section 125 Crpc before the completion of the trail?

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Anaita Vas 19 November 2021

The High Court or the Sessions Judge has the authority to order that the documentation of any trial in front of a lower court be examined. The authority of review, nevertheless, will not apply to any of the interlocutory orders issued in any of the criminal trials. The Uttarakhand High Court held in the case of Ashu Dhiman v. Jyoti Dhiman that an order issued by the trial court dismissing or permitting a request for maintenance while the case is ongoing in the court cannot be regarded an interlocutory order, and that the higher court has the right to review the lawsuit brought by the other party. In Sunil Kumar Sabharwal v. Neelam Sabharwal, it was held that an order awarding provisional maintenance under Section 125 is not an interlocutory order. The parties should have the right to request an evaluation by the court of law if the court has immediately dismissed or permitted the proceedings to be submitted in the court of law. Several court decisions have stated that even if the wife is capable of earning or is currently earning, she cannot be refused maintenance by the husband.

The Patna High Court heard the case of Masud Ahmed v. the State of Bihar, in which the plaintiff asked the High Court to allocate an order issued by the trial court ordering him to pay Rs 3000 for every month in maintenance to his ex-wife and Rs 2000 for every month in maintenance to his kids. The plaintiff contended that his ex-wife, who worked as a schoolteacher, was well compensated. He argued that Section 125 of the CrPC could only be used if the wife was unable to care for herself. But, in this case, working in the school had provided her with adequate resources.

So, yes she can.

Regards,

Anaita Vas