NAGARAJ (CS) 14 October 2022

can husband file petition under section 125 of CRPC against his spouse for maintenance

can husband file petition under section 125 of crpc against his spouse for maintenance when he is not maintain himself ?

any rulings supported to husband?

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Quick Summary

Generally, a husband cannot file a petition for maintenance against his spouse under Section 125 of the Criminal Procedure Code (CRPC), especially if he is able to maintain himself. However, husbands may be able to claim maintenance under other legal provisions. Specifically, under the Hindu Marriage Act, a husband can seek maintenance via Section 24 if a petition is pending, and permanent alimony under Section 25, which can be a lump sum or monthly payment from the wife.

3 Replies

P. Venu (Advocate) 14 October 2022

What are the facts? please post material facts.

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984) 15 October 2022

No. Husband cannot under 125 CrPC . But he can file for maintainence under section 24 Hindu Marriage Act of any petition under HM Act is pending between husband and wife.

for more detailed discussion call at 9717985984 - Adv Vishal Garg

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 15 October 2022

Permanent alimony and maintenance is also allowed to the husband under section 25 of the Act. A gross amount of sum or monthly sum is ordered to be paid to the husband by the wife. This order is subject to modification by the court in case of change in circumstances.