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P.C. Joshi (service)     11 August 2009

Maintenance to Husband u/s 125 CrPC

Can a husbad claim maintenance from his wife u/s 125 CrPc or other Law. If yes what is the procedure.

 

Regards,

 

P.c. Joshi



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 3 Replies

R.R. KRISHNAA (Legal Manager)     11 August 2009

In my opinion, the provision (sec.125 crpc) means that a husband has to maintain his wife and vice versa.  While reading the section it is very clear that a spouse has to maintain the other spouse who is unable to maintain himself/herself.   In case where the wife is wealthy and finanacially strong and the husband has no money, then it would be a suitable case for the husband to claim maintenance.  But I think so far the courts have not evolved the proper law in this issue. I think this issue needs to be clarified by the courts.  But in my opinion husband has to maintain wife and the vice versa is also applicable.

Prakash Yedhula (Lawyer)     11 August 2009

The section is very clear. The husband cannot claim maintenance from wife under Section 125 Cr.P.C. See the relevant portion of the  section extracted below 

 

125. Order for maintenance of wives, children and parents.



 

(1) If any person leaving sufficient means neglects or refuses to maintain-







(a) His wife, unable to maintain herself, or







(b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or







(c) His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or







(d) His father or mother, unable to maintain himself or herself,

 

 

Abhishek (Advocate)     13 August 2009

i agree with Mr Prakash. There is no source for husband to ask for maintenance u/s 125 Cr.P.C


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