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Parth Chandra (none)     21 October 2010

Wife's definition in Crpc 125

Hello Experts,

 

CRPC 125 says as below...

-------------------------------------------------------------------------------------------------------

"125(1)- If any person having 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,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly
allowance for the maintenance of his wife or such child, father or mother at such monthly rate not exceeding
five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the
Magistrate may from to time
direct:
Provided that the Magistrate may order the
father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority,
if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of
sufficient means.
Explanation:- For the purposes of this Chapter-
(a) 'minor' means a person who, under the
provisions of the Indian Majority Act, 1875 is deemed not to have attained his majority;
(b) 'wife' includes a woman who has been
divorced by, or has obtained a divorce from, her husband and has not remarried."

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I am curious to know that whether above highlighted explanation of wife means that to get a final maintenance order in crpc 125, A wife has to be divorced or has to obtain divorce from her husband?

 

I would be very grateful if someone can enlighten me about this definition.

 

 

Thanks,

PC



Learning

 1 Replies

Mugundhan (Lawyer)     21 October 2010

It doesnt mean that the wife should be divorced to be entitled for maintenance. It means that a divorced wife is also entitled to maintenance till remarriage.

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