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maintanance in 125 crpc or simple maintanance

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Hi Members,

If husband fill a divorce case against cruelty ground, then after it wife fille a 125 crpc 498 & Dva. wife is under graduate who was working but now theses day's leave the job. Husbands Income 20,000 PM then what is the minimum or maximum maintanance amount. Apart from it if the boys family (mother) diowend her son can mother also fille a case for maintaance.


no strainght forward criteria.. anyways it should not be more than 6-7K per month.. ur mother if dependent upon u, can file case u/s 125 CrPC seeking maintenance.

Roughly the income will be divided into 3 parts, one part each to the wife and mother and the remaining third part will be with the husband.  For this, the mother must be a widow and has no source of income.


If mother is unable to maintain herself she can also entitled for maintenance. So maintenance of wife is concern she es not entitled for maintenance if she is living seperately without any cause and husband is ready to live with her. One cannot get benefits of his own cause.

Vipin Sharma, Advocate

337, Akron ka Rasta, Kishanpole Bazar, Jaipur-302001

Mob. 9610000043


The maximum amount of maintainance can be 50% of total income but it depends upon your lability.


Maintanance under section 125 of cr.p.c. is provided to those who are not maintain himself/heself.


If husband has field a case for divorce and then wife filed a case of maintanance and 498 A case then husband has to face the trail and in the mean time wife can file a case for enterim mentainace and also for letigation cost.

By Manish Ranjan Advocate,


Husband files divorce based on cruelty  and opp side lawyer warns that if he  file divorce petition, then , he has to endure all her litigation costs.

Husband has Strong evidence in form of recorded material that CRUELTY was performed. Can he challenge ANY order that the court passes, that he is responsbile for paying  costs for her lawyer ? if husband is working abroad , and finds the interim maintainence amout too expensive and totally unfair can these orders too be challenged  and the act of payment itself be delayed ?



Please advise



maximum maintenance amount in CRPC Sec.-125




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