LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Can wife file Crpc125 when RCR is pending?

Page no : 2

K. Rajendra Prakash (Advocate)     22 November 2009

i)   Sub-section (4) of Sec: 125 Cr.P.C. provides " No wife shall be entitled to receive an allowance for maintenance or intrim maintenance and expenses of proceedings as the case may be from her husband under this section, if 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.

ii)  A mere decree for restitution of conjugal rights in favour of husband itself does not authomatically bar the wife from claiming maintenance under Sec: 125, though the decree cannot be ignored.  Magistrate has discretion to decide on evidence adduced before him by the parties.

K. Rajendra Prakash (Advocate)     22 November 2009

Act 50 of 2001 removed upper limit leaving it to the descretion of the Magistrate.

snchandrasekarabharathi (senior manager (Law))     22 November 2009

a spouse can file a petition under sec. 125 of cr.p.c. but it is only a temporary relief.  Hence, the spouse has to file a suit for maintenance in a civil court having competent jurisdiction.  For calculating the maintenance, the social status of the spouse from whom the maintenance is claimed will also be looked into apart from other aspects.  There is no minimum or maximum limit.

dhiraj choudhary (n/a)     22 November 2009

but in j and k the magistrate can grant to a max. of rs.2000/ p.m to each applicant in terms of sec.488 crp.c (sec.125 cr.p.c rest of india)

K. Rajendra Prakash (Advocate)     22 November 2009

Mr. Vijay,

You belong to which State?  Complainant in Cr.P.C. 125 case has got nothing to do with the delay in filing charge sheet in 498-A case.  Charge sheet will be filed by the police after investigation, if the investigation reveals commission of an offence punishable u/s 498-A.

Prasad Sathyan kaliyapura (AGM- Regulatory Affairs)     23 November 2009

I do not agree with you fully....Wife can file Crpc 125 when RCR is pending but she can be denied maintenance once the restitution decree goes in favour Husband. Restitution Decree implies that she has failed to satisfy the court that why she is living seperately. In case, the Wife  left matrimonial willingly then there is no way she can claim maintenance... There is a Supreme court Judgement on this issue.

If a wife leaves matrimonial home then onus is on her to prove crulelty and if there is no cruelty then no maintainence can be claimed. There is intersting Bombay High Court Judgement on this issue....

Hardik Mehta (Family Counsellor)     24 November 2009


Yes, she can file for the maintenance u/s 125 even after divorce. The maintenance depends on the full facts that the wife puts in the petition as well as the charges levied. She has to show that she is unable to maintain herself and ask the amount for the reasonable maintenance to sustain herself, not live the life of luxary.

In your case, since the RCR is pending, she needs to prove that she is living away from you with the reasonable cause to grant the maintenance. For the interim maintenance she has to show that she has no means of sustaining herself. If she fails, then no interim will be granted. During the interim or final, you can show her educational qualifications and if she was working before you can show the same. This way if she has come with unclean hands, the interim maintenance will be denied. Moreover, there maintenance is calculated on many factors, including your outgoings and dependents.



kamal sir

can you post some of these judgements


sharmilla ram (general manager)     24 January 2010

it is very easy to say under crpc125 clause 4 no maint.eeven wife refuse to stay with husband without any crutely but still court is passing order in favour of wife.if u win rcr then court will pass judgement in favour of u otherwise u ve to pay money.i did not see  single judgement  which maint is zero without degree of rcr if wife will appear then 100% case will go in favour of wife,whatever u bring material court will not accept.if anybody knows maint is zero without rcr. degree .let u know.pls pls  write it only case name. 


Dear Vijay Ji, There are some queries to ask from my side. U can call me at 9871158578

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     22 February 2010

rcr will end to divorce. she can claim 125, but on condition. read the act carefully. 498a will move in it's own way.

IPC/Sec 125. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain- (a) his wife, unable to maintain herself,

(b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

 (4) No Wife shall be entitled to receive an allowance from her husband under this section if 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.


Dear Mr. Kamal grover ,

Pls tell me citation to avoid payment of maintenace during the pendency of  O.P. for RCR  in the family court ..

with kind regards



valentine thakkar (advocate)     05 December 2010

The limit of Rs. 500/- was removed way back by the intervention and much arguments of Justice Thakkar. Now the situation is that the quantum of maitenance depends upon the income of the husband and lifestyle of the husband. The court should strive to put the wife as far as posible in a position as she would have been if she were living with her husband. This is the latest judgement of the SC. Thus the whole discussionb boils down to the fact that there is no upper limit for maintenance under Sec. 125 CRPC. In Baroda Dist. Court amounts of maintenance  far exceeding Rs. 2000/- have been granted in many cases.

Arup (UNEMPLOYED)     05 December 2010

' If i prove that she wants me to live separately. What will happen'

her maintenance claim will be weak.

syed (Branch incharge)     26 May 2011

Can anybody explain

1/3rd of maintanace means, that is from whole salary or from Basic pay

I heard its from Basic pay

clear me if am wrong

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query