Sajad Ahmad 14 April 2022

sec 125 Crpc

is there any judgement that the wife is entitled for maintenance under sec 125 cr pc if the husband is not ready to live his wife seperately from in laws

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This discussion addresses whether a wife is entitled to maintenance under Section 125 of the CrPC if her husband refuses to live separately from his in-laws. The consensus is that a wife cannot claim maintenance on this ground, as it may be considered cruelty to the husband. Legal precedent suggests that compelling a husband to live separately from his parents can lead to divorce.

3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 15 April 2022

Hello,

Maintainance u/s 125 crpc on the ground that husband is not willing to stay separately from in laws with wife is not possible. On the contarary it is cruelty to husband.

Divya Vijayan 15 April 2022

Section 125 (4) if CrPC says that the wife is not entitled to maintenance if the wife is:- Living in adultery, refuses to live with the husband without any sufficient reason, if they are living seperately with mutual consent.

The wife has no legal right to ask for a seperate living from in laws. In Sheenu Mahendru vs Sangeeta @ Soniya decided on May 23, 2019, the court granted the husband divorce on the grounds of cruetly as the wife was compelling the husband to live seperately from his parents.