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Vivek Kumar   17 May 2021

compensation asked by wife

my friend filed FIR against her husband 498a. She is at her mother's residence now.
Can she ask compensation for her and her kids survival .if yes then how ?


 8 Replies

Sankaranarayanan (Advocate)     17 May 2021

consult local lawyer and file petition/s before family court or relevant court

Sudhir Kumar, Advocate (Advocate)     17 May 2021

filing FIR does not bar maintenance.

G.L.N. Prasad (Retired employee.)     17 May 2021

First, explain to your friend the difference between Civil and criminal offenses.  The complaint was filed by the wife, and the police must investigate the case and file a charge sheet based on such facts.  Maintenance is altogether different.  However, compromises within spouses through the process of court through mutual consent is the only option.

Advocate Bhartesh goyal (advocate)     17 May 2021

Your friend has to file petition u/sec 125 of Cr.P.C . maintenance for herself and her child before competent court.

1 Like

Arpita Chauhan   17 May 2021

Respected Sir,

Even if your friend has filed an FIR  against her husband then also she can definitely ask for maintenance.

However, for maintenance of her and her child she have to file another case in the Court which have jurisdiction over the matter,  under Section 125 of Code of Criminal Procedure.

Under this Section, the Court can order the husband to give maintenance to your friend and their child.

However, one thing that your friend needs to keep in mind is that the Court will not entitle her for maintenance if she is having adultery or if she refuses to live with her husband without any sufficient reason or if the husband and wife are living separately by mutual consent.

I hope I was able to help.


Arpita Chauhan

T. Kalaiselvan, Advocate (Advocate)     17 May 2021

She can file a maintenance case against her husband seeking monthly maintenance under section 125 cr.p.c. for her as well as for her child. In the same case she can even file an application seeking interim maintenance as an interim arrangement to meet her expenses till the disposal of the main petition for maintenance. 

The quantum of maintenance will depend on her proof to prove his income from salary and other sources. 

1 Like

sneha jaiswal   18 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
Maintenance is a separate right of a spouse and a minor child but only if she has no means to support herself. But in the case of 498A, it is not decided. For maintenance, the spouse can file a separate case under Section 125 of the CrPC. Sometimes spouse on wrong advice files more than one case at a time for maintenance. The said case would be battled independently and decided separately. Yes, your friend can claim compensation accordingly.
However, one thing that your friend needs to keep in mind is that the Court will not entitle her maintenance if she refuses to live with her husband without any sufficient ground or if she is indulging in adultery or if by mutual consent, the spouses are living separately.


Hope it helps
Sneha Jaiswal

1 Like

Dr J C Vashista (Advocate)     19 May 2021

She can file a separate application for her maintenance which has no relevance with the case already filed under the provision of Section 498 A IPC.

Let your friend may seek advise and service of her lawyer, who is well aware about facts and circumstances of the case(s).

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