u/s 125 crpc
(Querist) 17 May 2008
This query is : Resolved
can maintence u/s 125 crpc can be taken after the death of husband
(Expert) 17 May 2008
The plain reading of section 125 starts thus - If any person having sufficient means neglects or refuses to maintain ...
The claim for maintenance by wife before Magistrate can be made against a living person, but not a dead person. Also law provides that if a person dies the litigation also dies.
However, it is a matter of facts to be decided against each case. If a person did not maintain his wife and children during his life time, say, from a far off previous date and he leaves and dies with sufficient means like property, cash, jewellery, etc., in the hands of somebody, wife can file a suite for recovery of arrears of maintenance from a person who hold the property, cash, etc., by claiming lien and it is within the absolute discretion, based on the set of facts, Court, may consider order for the defined sum to be paid to the wife towards maintenance from the date of claim to till date of his death, the whole or otherwise any sum, depending upon the status of the deceased husband.
(Expert) 18 June 2008
After the death of husband the maintenance can't be claimed and if any case u/s 125 CrPC is pending there in any Court at that time ; the same will abate.