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swati (hhhhhh)     16 November 2014

How much maintenance under sec 125 crpc??

how much maintenance is given under sec 125 CRPC? I WAS told not more tahn rs3000?  



Learning

 38 Replies

Anish Thakur 7018812737 (advocate)     16 November 2014

Dear Swati,

The maintenance under Sec 125 Crpc is depends upon while considering the income of the Husband and life style wife and various other factors. There are so many judgments in which Hon'ble supreme court have validate the grant of more then Rs 1 lakh maintenance considering the economic and social value and various other factors.Feel free to call if you have left any query in mind.

dr g balakrishnan (advocate/counsel supreme court)     16 November 2014

anish thakur said is correct swati!

laxmi kant joshi (instructor)     16 November 2014

Grant of maintenance amount in crpc 125 is totally on the discretion of the court , before granting maintenance amount court considers different factors like income of husband , actual liabilities on husband , life style before dispute etc .

swati (hhhhhh)     16 November 2014

Hello Anish Sir,

 

Thanks for the information. Please can you give me reference to some cases as mentioned by you. Also you may note that I am earning Rs56,000/pm and my husband gets Rs160,000/pm.

 

Should I claim maintenance only for my son under Sec 125?

 

Regards

Swati

 

 

 

Originally posted by : Anish Thakur 9459321520

Dear Swati,

The maintenance under Sec 125 Crpc is depends upon while considering the income of the Husband and life style wife and various other factors. There are so many judgments in which Hon'ble supreme court have validate the grant of more then Rs 1 lakh maintenance considering the economic and social value and various other factors.Feel free to call if you have left any query in mind.

swati (hhhhhh)     16 November 2014

Thanks Joshi Sir.... 

 

 

Originally posted by : laxmi kant joshi
Grant of maintenance amount in crpc 125 is totally on the discretion of the court , before granting maintenance amount court considers different factors like income of husband , actual liabilities on husband , life style before dispute etc .

Advocate Ravinder (Advocate/Attorney)     16 November 2014

I slightly differ with the above experts. I agree that it is the discretion of the court, but it applies to Hindu Adoption and Maintenance Act and other related acts, but not to Sec. 125 Cr.P.C.  There is a limit set up for Sec. 125.  It varies from state to state In Madhya Pradesh it is Rs. 3000/- per month; in Andhra Pradesh it is Rs. 3500/- per month; in Maharastra it is Rs. 1500/- per month; in West Bengal it is Rs. 1500/- per month.  Hence the court has got discretion to pay within the limits prescribed above, but not over and above the prescribed limits.  If the petitioner wants more than this, she has to file petition under Hindu Adoption and Maintenance Act and other related acts. 

vivek (worker)     16 November 2014

Hi, I have a question. Would like to know if the court which is hearing case does not have jurisdiction to take up the case then what to do.

I am working in a city-A & My wife is also working in the same city, but she has mentioned that she is house wife and leaving in a city B with wrong affadavit and wrong facts.

What can we do here..

Samir N (General Queries) (Business)     16 November 2014

Given your earning compared to your husband, I think that you will need to make a strong case to get maintenance for yourself too.  You will need to draft your maintenance application with specific facts referring to the lifestyle that your husband is living, how he can afford it, why you cannot afford it, how you have got used to his lifestyle, why your son also needs to have the same standard of living as the father, etc. All this must be in detail and with evidentiary/documentary support. In that case, yes, you will most certainly qualify for maintenance and it can be substantial. As for your son, thats a given. How much? That too depends on the quality of your filings.


As for any limit under Sec. 125 Cr.P.C., I think that any limit of a few thousand rupees, if indeed there is such, then it is probably in theory but not in practice. 

T. Kalaiselvan, Advocate (Advocate)     17 November 2014

You have been advised on the same subject about what is to be done in the situation by many experts and advocates including me, but your curiosity makes you to repeat the same query in a different thread too.   Yes you can claim maintenance for your son u/s 125 cr.p.c., u/s 26 of HMA, 1995 and also under the provisions of domestic violence act for yourself  while claiming for residential rights and a status at par to the status of your husband.

swati (hhhhhh)     23 November 2014

Can somebody please give reference to supreme court judgements for higher maintenance under Sec 125 CrPC? 

 

Please it is very urgent. 

 

Thanks

Swati

Advocate Ravinder (Advocate/Attorney)     23 November 2014

Supreme Court of India
Manoj Yadav vs Pushpa @ Kiran Yadav on 11 January, 2011
 
In the above judgement it is stated that the upper limit of 3000/- per month is removed and it is left to the descretion of the Judge. 
 
Moreover, we are of the opinion that after the amendment to Section 125 Cr.P.C., which is a Central Act, by the Code of Criminal Procedure (Amendment) Act, 2001 which deleted the words "not exceeding five hundred rupees in the whole", all State amendments to Section 125 Cr.P.C. by which a ceiling has been fixed to the amount of maintenance to be awarded to the wife have become invalid. For the reasons given above, there is no merit in the Appeal and it is dismissed accordingly.

swati (hhhhhh)     23 November 2014

Hello Mr. Ravinder,
 
 
 
Thanks for the judgment but I am specifically looking for one which is based on the following criteria:
 
 
 
"The wife should be in a position to maintain a standard of living which is neither luxurious nor penurious but what is consistent with status of a family. The expression "unable to maintain herself" does not mean that the wife must be absolutely destitute before she can apply for maintenance under Section 125 CrPC."
 
 
 
I found following three judgments, which I think might be suitable for my case. 
 
 
 
 
1) Chaturbhuj vs. Sita Bai, (2008) 2 SCC 316 - Relates to maintenance claim by deserted wife under Section 125 of the Code of Criminal Procedure, 1973
https://indiankanoon.org/doc/1720873/

 

 
2) Shri Bhagwan Dutt vs. Smt. Kamla Devi and Anr. (1975) 2 SCC 386 - Court has considered the amount of maintenance payable to wife under Section 488 of the Code of Criminal Procedure, 1898
https://indiankanoon.org/doc/138019/
 
 
 
 
3) Vinny Parmar vs Paramvir Parmar on 20 July, 2011 - The only point for consideration in these appeals is what would be the reasonable amount the appellant-wife is entitled by way of maintenance from the husband in terms of Section 25 of the HMA Act.
https://indiankanoon.org/doc/328578/
 
 
 
In Chaturbhuj vs. Sita Bai case, Bhagwan Dutt v. Kamla Devi has been referred to. It was observed that the wife should be in a position to maintain a standard of living which is neither luxurious nor penurious but what is consistent with status of a family. The expression "unable to maintain herself" does not mean that the wife must be absolutely destitute before she can apply for maintenance under Section 125 CrPC."
 
 
In Vinny Parmar case both cases 1 & 2 are referred and the maintenance given was increased to Rs.40,000 from Rs.20,000/-  
 
 
 
I will appreciate if you can go thru them and let me know which one I can use in my case. 
 
 
 
Thanks
Swati

 

 

Originally posted by : Ravinder.P

Supreme Court of India

Manoj Yadav vs Pushpa @ Kiran Yadav on 11 January, 2011

 

In the above judgement it is stated that the upper limit of 3000/- per month is removed and it is left to the descretion of the Judge. 

 

Moreover, we are of the opinion that after the amendment to Section 125 Cr.P.C., which is a Central Act, by the Code of Criminal Procedure (Amendment) Act, 2001 which deleted the words "not exceeding five hundred rupees in the whole", all State amendments to Section 125 Cr.P.C. by which a ceiling has been fixed to the amount of maintenance to be awarded to the wife have become invalid. For the reasons given above, there is no merit in the Appeal and it is dismissed accordingly.

Samir N (General Queries) (Business)     24 November 2014

@Swati, for the sake of emphasis, I am repeating some of what I said earlier. First, it is refreshing to see a woman search for judgements and try to understand their application, which in turn motivates one to participate in this discussion. However, a word of caution. In your written arguments, do not lose focus on issues of facts. Dedicate a good part of your arguments (legal brief) to issues of facts on your current standard of living vis-a-vis his and then justify how your demand for maintenance amount, whatever it be, will help you rectify the current inequity in your living standard.  Provide details, almost as if you are an accountant and that will be a sure-shot winning strategy.  Supporting judgement will be the icing of the cake. Mere reliance on judgements, even if they are from the Apex Court, will have no value, absent an accounting justification. On the term "unable to maintain herself," emphasize that this term actually implies "unable to maintain herself to the same standard of living as her husband."  Remember that there is no dearth of judgements in support for their case, both for men and women, some often conflicting each other. Therefore... emphasis on relevant facts and accounting in detail is the key to maintenance applications. 

swati (hhhhhh)     24 November 2014

Thanks Samir.... I see a ray of hope after your comments.

 

As per your advice I am now working on  gathering the old credit card and bank statements of my husband which shows his habit of spending spree. 

 

I just don't have his current bank statement. Can have the court ask him to show if I put this clause in one of the prayers in my DV application? 

 

Regards

Swati

 

 

 

 

 

Originally posted by : Samir N (2HelpU)

@Swati, for the sake of emphasis, I am repeating some of what I said earlier. First, it is refreshing to see a woman search for judgements and try to understand their application, which in turn motivates one to participate in this discussion. However, a word of caution. In your written arguments, do not lose focus on issues of facts. Dedicate a good part of your arguments (legal brief) to issues of facts on your current standard of living vis-a-vis his and then justify how your demand for maintenance amount, whatever it be, will help you rectify the current inequity in your living standard.  Provide details, almost as if you are an accountant and that will be a sure-shot winning strategy.  Supporting judgement will be the icing of the cake. Mere reliance on judgements, even if they are from the Apex Court, will have no value, absent an accounting justification. On the term "unable to maintain herself," emphasize that this term actually implies "unable to maintain herself to the same standard of living as her husband."  Remember that there is no dearth of judgements in support for their case, both for men and women, some often conflicting each other. Therefore... emphasis on relevant facts and accounting in detail is the key to maintenance applications. 

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