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MUKESH GUPTA   11 July 2021

Crpc 125

In present scenario ,kya crpc 125 me hmesha maintencane order hota h.Kya revision me HC ya SC mantenance band kar skta h.


 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     11 July 2021


If you dont have any source od income to maintain yourself then you will get maintenance from husband for daily necessities of life. It is the responsibility of husband to maintain wife. There should be some ground to reduce mainenance. 

varsha mishra   11 July 2021

Hi. Section 125 of CrPC provides for the maintenance of a wife. Clause 4 states three exceptions in which a maintenance order can be dismissed.  These are adulterous act of the wife, refusal to live with her husband and living separately by mutual consent. In Deepak Malhotra v. Deepti Malhotra, it was held that  Income of husband is not a sole criterion to determine the maintenance amount, it can be altered depending upon other factors like status, no. of persons dependent upon the husband, etc. In Shamima Farooqui v. Shahid Khan, the court stated that no means to pay, or no job and business not doing well are bald excuses. If the husband is healthy, able bodied and in a position to support himself, then he shall be obliged to maintain. Also, even when the wife is earning, it is not sufficient to discard maintenance she should be able to maintain herself as she was when living with the husband, as has been held in Chaturbhuj v. Sitabai. Lastly, in Pratima Devi v. Anand Prakash, the court stated that the revision court can only stay a maintenance order  when there is a very special reason. Therefore,  if the husband can prove any special reason or any of the ingredients given in clause 4, then possibilities are there for a stay order.

Kevin Moses Paul   11 July 2021

As per your situation, let me suggest you that there's no need for you to file any counter petition to rebut her maintenance case. If she (your wife) has already filed a case for maintenance it is imperative that you file a response for the same in order to refute her allegations upon you.
Since, you're wishing to avoid paying maintenance to your wife, then you need to prove that the liability to pay maintenance is to be shown as not-existing.

For this, you need to understand clearly the clause (4) of Section 125, Code of Criminal Procedure (CrPC), 1973. I
It clearly states that -
"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".

Thus, it's too important for you to work and prepare in accordance to it, in order to prove non-existence of maintaining her.
However, don't misuse the law just for the sake of profit, use it in order to reveal the truth and getting justice.

Hope It Helps

Kevin M. Paul

P. Venu (Advocate)     12 July 2021

You have not posted the mateerial facts.

Dr J C Vashista (Advocate)     12 July 2021

When wife, children and parents are unable to maintain the Court shall grant maintenance in terms of Section 125 CrPC.

The order can be challenged and High Court / Supreme Court has all powers to revise as per circumstances/ evidences.

Consult your lawyer if it is not a hypothetical academic time pass topic. 

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