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DR.

RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY,


LUCKNOW
CODE OF CRIMINAL PROCEDURE

FINAL DRAFT

Section 125- Maintenance to wives under CrPC.

Submitted To- Submitted By-

Srijan Jha

Mr.Vipull Vinod Roll No.- 143

Assistant Prof. (Law) B.A.LL.B (Hons.)

RMLNLU Semester V

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ACKNOWLEDGEMENT

I would like to extend my sincere thanks to my teacher and

Mentor, Mr Vipull Vinod for his able guidance and advice;

And for his encouragement and

Enthusiasm;

My seniors for sharing their valuable tips;

And my classmates for their constant support.

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TABLE OF CONTENTS

Page no.

1. Introduction............................................1
2. General features of section 125: who and from whom maintenance can be claimed
...............................................................................................................3
3. Maintenance to wives08
4. Conclusion.........................................................................................................................12
5. Bibliography .....13

iii
INTRODUCTION

Section 125 makes a provision for awarding maintenance by criminal courts to parents, wife, and
legitimate or illegitimate children. Section 125 (1) of Code of Criminal Procedure states that:

Order for maintenance of wives, children and parents.

(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 time 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 (9 of
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.

The section provides a swift and cheap remedy against any person who, despite means, neglects
or refuses to maintain (a) his wife, which includes a woman after divorce who has not remarried,

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unable to maintain herself; (b) his minor child, legitimate or illegitimate, unable to maintain
itself, the liability in case of minor married daughter arising only when the husband is not
possessed of sufficient means and until she becomes major; (c) his major child, legitimate or
illegitimate, except married daughter, unable to maintain itself owing to any physical or mental
abnormality or injury; (d) his father or mother unable to maintain himself or herself. In the old
Code there was no provision for the maintenance of father or mother. Section 125 of the
Criminal Procedure Code, 1973 (Act I of 1974), which is in essence not punitive but preventive
rather than remedial, has been enacted with the object of enabling deserted wives, helpless and
deserted children and destitute parents, to secure the much needed relief, so as to prevent
vagrancy1.

The provision under section 125 of CrPC is a measure for social justice and specially enacted to
protect women, children and also old and infirm poor parents and falls within the constitutional
sweep of article 15(3) reinforced by article 392. This section gives effect to the natural and
fundamental duty of a man to maintain his wife, children and parents so long as they are unable
to maintain themselves. It is applicable and enforceable whatever may be the personal law which
the person concerned are governed. Provision is a measure of social justice extended to protect
women and children; the object is to prevent vagrancy and destitution. It provides speedy remedy
to deserted women3. The right to be maintained conferred by this section is a statutory right,
which the Legislature has created irrespective of the nationality or creed of the parties. Order
passed under section 125 is summary proceeding order and does not determine rights of the
parties4. Justice Krishna Iyer once remarked, The brooding presence of the constitutional
empathy for the weaker sections like women and children must inform interpretation if it has to
have social relevance. So viewed, it is possible to be selective in picking out that interpretation
out of two alternatives which advances the cause the cause of the derelicts5.

In the project, I would specifically deal with the maintenance provided to wives under section
125 of CrPC and effect of this section on various personal laws of people.

1
S S Manickam v Aruptha Bhavani Rajam 1980 CrLJ 354.
2
Nanak Chand v Chandra Kishore Agarwal, (1969) 3 SCC 802
3
Dwarrika Prasad Satpathy v Bidyut Prava Dixit, AIR 1999 SC 3348
4
Id.
5
Ramesh Chander Kaushal v. Mrs. Veena Kaushal and others, AIR 1978 SC 1807

2
GENERAL FEATURES OF SECTION 125 : WHO CAN CLAIM
MAINTENANCE AND FROM WHOM CAN MAINTENANCE BE
CLAIMED

The first important ingredient is to identify as to what the word maintenance mean. Earlier
cases defined maintenance as bare means of sustenance ie food clothing and lodging. However
in the case of Ramanlal Tribhovandas Thakkar v Shantaben6 the Gujarat high Court stated that,

What the term maintenance means has to be considered, there can be in the first place no
dispute that it would include expenses not only on food or nourishment to sustain one's life, but
also expenses if she would be required for having separate residence, and on her clothing. These
are called bare necessaries of life and the term maintenance would include expenses on
account of them, if no other arrangement for residence etc., is made. But then those requirements
are not necessarily the only requirements for a person to continue her existence and they would
always therefore include some other legitimate or reasonable expenses which one is obliged to
incur for keeping herself in fit health. Maintenance as explained in Webster's Dictionary,
Second Edition. Means 1; a maintaining or being maintained upkeep, support, defense, etc., 2;
means of support or sustenance; livelihood; as, her job provided a mere maintenance etc. In this
connection, we may usefully refer to Section 23 of the Hindu Adoptions and Maintenance Act,
1956 where under sub-section (2) thereof while determining the amount of maintenance, if any,
to be awarded to a wife, children or aged or infirm parents under this Act, regard shall be had to
among other things, the reasonable wants of the claimant if the claimant is justified or required
to live separately.

Under sec 125 of the code, the father or a husband or a son, as the case may be, is the only
person that can be proceeded against but does not include a daughter, or mother or wife7.
However, a married daughter is included in any person8. This section does not contemplate
proceeding against the whole family. An order made under this section can be enforced against a

6
AIR 1968 Guj 171
7
T.P.S.H. Selva Saroja v T.P.S.H Sasinathana, 1989 CrLJ 2032 (Mad).
8
Vijaya Arbat v Kashirao, AIR 1989 SC 1100.

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person even if he resides outside the jurisdiction of the Court9. The essential conditions for the
person providing maintenance should be:

Sufficient means- An order under this section can only be passed if a person having sufficient
means neglects to maintain his child or child. But the expression means occurring in the section
does not signify only visible means such as real property or definite employment 10. If a person is
healthy and able-bodied he must be held to have means to support his wife, children and
parents11. The words sufficient means should not be confined to the actual pecuniary resources
but should have a reference to the earning capacity of a person12.
Neglect or Refusal to maintain- the person from whom maintenance is claimed must have
neglected or refused to maintain the person or persons entitled to claim maintenance. A neglect
or refusal to maintain may be by words or by conduct. It may be express or implied13. Neglect or
refusal may mean something more than mere failure or omission. But where there is a duty to
maintain, mere failure of commission may amount to neglect or refusal in the circumstances of
the case14.
The person claiming maintenance is unable to maintain herself or himself- maintenance
under this section can only be claimed by a person who is unable to maintain himself and with
this regards it is a reasonable section. Having regard to the object behind section 125, there is no
need to compel a person to pay maintenance to another who is possessed of sufficient means15.
When a wife claims maintenance under section 125, she should positively aver in her petition
that she is unable to maintain herself in addition to the facts that her husband has sufficient
means to maintain her and that he has neglected to maintain her16.

An application for maintenance under this section will normally be made by the wife herself or
the child, or either or both the parents who claim maintenance. Under Section 125 (1) a person is
required to pay maintenance to the following persons

9
Ratanlal & Dhirajilal, the code of criminal procedure (17th ed., LexisNexis Butterworths 2008) 148.
10
Ratanlal & Dhirajilal, the code of criminal procedure (17th ed., LexisNexis Butterworths 2008) 148.
11
Gh. Hassan v Raja Bibi, 1973 CrLJ 1019.
12
R.V. Kelkar, Criminal Procedure (Dr K N Chandrasekharan Pillai ed., 5th ed Eastern Book Company) 814.
13
Dasarathi Ghosh v Anuradha Ghosh, 1988 CrLJ 64 (Cal).
14
Sarkar, Code of Criminal Procedure (V R Manohar ed., 9th edn, Wadhwa Nagpur 2007) 315.
15
R.V. Kelkar, Criminal Procedure (Dr K N Chandrasekharan Pillai ed., 5th ed Eastern Book Company) 819.
16
Haunsabai v Balkrishna, 1981 CrLJ 110 (Kant).

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His wife- The explanation attached to the section defines wife so as to include any woman who
has been divorced by or has obtained a divorce from, her husband and has not remarried.
However, the word wife appearing under section 125 (1) means only a legally wedded wife. A
woman who is not legally married is not entitled to maintenance. Court in the case of Savitaben
Somabhai Bhatiya v State of Gujarat17, said that the expression 'wife' used in Section 125 of
the Code should be interpreted to mean only a legally wedded wife. The word 'wife' is not
defined in the Code except indicating in the Explanation to Section 125 its inclusive character so
as to cover a divorcee. A woman cannot be a divorcee unless there was a marriage in the eye of
law preceding that status. The expression must therefore be given the meaning in which it is
understood in law applicable to the parties. The marriage of a woman in accordance with the
Hindu rites with a man having a living spouse is a complete nullity in the eye of law and she is
therefore not entitled to the benefit of Section 125 of the Code or the Hindu Marriage Act, 1955
(in short the 'Marriage Act'). This specific inclusion of a divorced woman in the term wife
would clearly show that the term wife would actually mean a legally wedded wife18. The
Supreme Court also affirmed that the legal validity of a marriage would be determined by
personal laws applicable to the parties19.

His legitimate or illegitimate child- According to Section 125(1)(b) of the Code of Criminal
Procedure, if any person having sufficient means neglects or refuses to maintain his legitimate or
illegitimate minor child, whether married or not, unable to maintain itself. If the child is minor, it
is immaterial whether it is married or not20. Minor is defined as a person who under the
provisions of the Indian Majority Act, 1875, is deemed no to have attained majority. The child
can be male or female. The word Child is not defined in the Code. It means a male or female
person who has not reached full age, i.e., 18 years as prescribed by the Indian Majority Act, 1875
and who is incompetent to enter into any contract or to enforce any claim under the law. Section
125(1)(c) of the Code states that the person is entitled to maintain his legitimate or illegitimate
child (married daughter not included) who have attained majority, and such child, by reason of
any physical or mental abnormality or injury unable to maintain itself. If a Magistrate finds that
the child has been neglected upon or the person has refused to maintain him, the magistrate may
17
(2005) 3 SCC 636.
18
Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and Anr.AIR 1988 SC 644.
19
Ibid; Kumari Bai v Anandram , 1998 Cri LJ 4100 (MP).
20
R.V. Kelkar, Criminal Procedure (Dr K N Chandrasekharan Pillai ed., 5th ed Eastern Book Company) 812.

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order that the person has to make monthly allowance for the maintenance of such child. In the
case of Nanak Chand v Chandra Kishore21, the Supreme Court said that if the concept of
majority is imported into the section a major child who is an imbecile or otherwise handicapped
will fall outside the purview of this section. The emphasis is rather always on the inability to
maintain himself. However, the Magistrate may order the father of a minor female child
referred to in Section 125(1)(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. Here minor means a person who, under the provisions of the Indian
Majority Act, 1875 is deemed not to have attained his majority22. A Muslim minor girl would be
entitled to get maintenance from her father even after the enforcement of Muslim Women
(Protection of Rights on Divorce) Act, 1986. A Muslim father has similar liability as a Hindu
father to maintain his girl child under section 125 of CrPC.

His father or mother- this provision for maintenance of father and mother who may not be able
to maintain himself or herself is new. In the old Code there was no provision for the maintenance
of father or mother23. According to Section 125(l)(d) of the Code of Criminal Procedure, if any
person having sufficient means neglects or refuses to maintain 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 father or
mother, at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as
the Magistrate may from time to time direct24. If there are many sons of a person, all having
sufficient means, the father shall get maintenance from all of them and if, of many sons, only
some have sufficient means then others shall not be liable to pay maintenance25. Similarly A
widowed mother, unable to maintain herself will certainly be entitled to get maintenance from
her son if he has sufficient means. However an unwidowed mother will be entitled to get
maintenance from her son only when her husband does not have sufficient means to maintain
her26. Supreme Court held that the word his in clause (d) includes both male and female

21
AIR 1970 SC 446.
22
Effectiveness of legal provisions, http://www.lawteacher.net/family-law/essays/effectiveness-of-the-legal-
provisions-law-essays.php.
23
Batuk Lal, commentary on code of criminal procedure (2nd vol, 3rd ed., Orient Publishing Company 2005) 463.
24
Section 125 (1)(d) CRPC
25
Pandurang v Baburao, 1989 Cri LJ 256 (Bom).
26
Batuk Lal, commentary on code of criminal procedure (2nd vol, 3rd ed., Orient Publishing Company 2005) 495.

6
children and so a married daughter is liable to maintain her parents 27. Another question with this
regard is whether stepmother and step father are entitled to claim maintenance under this section.
The General Clauses Act, 1897, the word father shall include an adoptive father 28.Similarly
the word mother includes adoptive mother29. Step mother cannot attain the status of mother
for the purpose of claiming maintenance under s. 125. The court has to consider the personal
laws applicable to the parties30. However Karnataka High Court has held that a step mother was
entitled to maintenance when she proved that she was living alone and due to old age was unable
to maintain herself31. The Supreme Court ruled that a childless step mother could claim
maintenance from her step sons provided that she was widow of her husband and was also
incapable of supporting and maintaining herself32.

27
Vijaya Arbat v Kashirao, AIR 1989 SC 1100.
28
Section 3(20) of the General Clauses Act, 1897
29
Baban v Parvatibai Dagadu Dange, 1978 CrLJ 1436.
30
Ayyagari Suryanarayana Vara Prasada Rao v Ayyagari Venkatakrishna Veni, 1989 CrLJ 673 as mentioned in 1
Sarkar, Code of Criminal Procedure (V R Manohar ed., 9th edn, Wadhwa Nagpur 2007) 327.
31
Ullappa v Gangabai, 2003 CrLJ 2566 (kar).
32
Kertikant D Vadodaria v State of Gujarat, (1996) 4 SCC 479.

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MAINTENANCE TO WIVES

As per Section 125(l) (a) of the Code, if any person having sufficient means neglects or refuses
to maintain his wife, unable to maintain 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 at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as
the Magistrate may from time to time direct33.The explanation annexed to section 125
specifically defines the term wife as to include a woman who has been divorced by, or has
obtained a divorce from, her husband and has not remarried. Wife in section 125 means a legally
wedded wife, and does not include a wife whose marriage is void. Moreover, this specific
inclusion of a divorced woman in the term wife would clearly show that the term wife would
actually mean a legally wedded wife34. Wife allegedly divorced by mutual consent is included in
definition of wife as per explanation (b) to section 125(1) of CrPC35. Court in the case of
Savitaben Somabhai Bhatiya v State of Gujarat36, referring to the case of Dwarika Prasad
Satpathy v. Bidyut Prava Dixit and Anr37 observed that the validity of the marriage for the
purpose of summary proceedings under Section 125 of the Code is to be determined on the basis
of the evidence brought on record by the parties. The standard of proof of marriage in such
proceedings is not as strict as is required in a trial of offence under Section 494 of Indian Penal
Code, 1860 (in short the 'IPC'). If the claimant in proceedings under Section 125 succeeds in
showing that she and the respondent have lived together as husband and wife, the Court has to
presume that they are legally wedded spouses, and in such a situation one who denies the
marital status can rebut the presumption. Once it is admitted that the marriage procedure was
followed then it is not necessary to further probe as to whether the said procedure was complete
as per the Hindu rites, in the proceedings under Section 125 of the Code.

A woman who has been divorced by her husband on account of a decree passed by the Family
Court under the Hindu Marriage Act continues to enjoy the status of a wife for the limited
purposed of claiming maintenance allowance from her ex-husband. A woman has two distinct
33
http://www.shareyouressays.com/119452/order-for-maintenance-of-wives-and-children-section-125-of-crpc-2
34
Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and Anr,.AIR 1988 SC 644.
35
Prabhavati v Nivrutti, 2001 CrLJ 1989 (Bom).
36
(2005) 3 SCC 636.
37
AIR 1999 SC 3348.

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rights for maintenance. As a wife, she is entitled to maintenance unless she suffers from any of
the disabilities indicated under section 125 (4). In another capacity namely, a divorced woman,
she is again entitled to claim maintenance from the person of whom she was once the wife38. The
wife's claim for maintenance qua wife under the definition contained in the Explanation (b) to
Section 125 of the Code continues unless parties make adjustments and come to terms regarding
the quantum or the right to maintenance39. The wifes right to maintenance is not absolute. Her
separate income, if any, will be taken into consideration40. The right of wife to claim
maintenance under section 125, the magistrate is competent to take into consideration thee
separate income and means of wife41. However, even if the wife is gainfully employed, that
would not disentitle her 42from initiating action under section 125, if she can convince that even
after employment she is unable to maintain herself43.

Inability of wife to maintain herself is a condition precedent to granting maintenance to her


under section 125. When a wife claims maintenance under section 125, she should positively
aver in her petition that she is unable to maintain herself in addition to the facts that her husband
has sufficient means to maintain her and that he has neglected to maintain her44. The expressions
unable to maintain herself has been held by supreme court to mean that it covers the means
available to the wife while she was living with her husband and not after her desertion by the
husband. It is for the husband to show that he does not have sufficient means to discharge his
obligation or that he did not neglect or refuse to maintain her. An assertion by the wife that she is
unable to maintain herself would be sufficient45. The expression unable to maintain herself
does not mean that the wife should be destitute, be first on the street, beg or wear tattered
clothes. Husband living with another woman, sufficient cause for wife to live separately, there is
failure on part of husband to maintain her and she is entitled to maintenance 46. Where the
allegations of cruelty are proved, husband is bound to pay maintenance to wife. The wife is not

38
Dr D.N.Sen, The code of criminal procedure (1st ed, Premier Publishing Company 2006) 319.
39
Captain Romesh Chander Kaushal v Mrs Veena Kaushal, AIR 1978 SC 1807.
40
Ratanlal & Dhirajilal, the code of criminal procedure (17th ed., LexisNexis Butterworths 2008) 151.
41
Dhyanoba v Mukta, 2002 CrLJ 4459 (Bom).
42
Abdul Salim v Najima Begum, 1980 CrLJ 232 (All).
43
Asha Anil Deshmukh v Anil Deshmukh, 1996 CrLJ 2751 (Bom).
44
Haunsabai v Balkrishna, 1981 CrLJ 110 (Kant).
45
Rajathi v C Ganesan, AIR 1999 SC 2374; Ratanlal & Dhirajilal, the code of criminal procedure (17th ed.,
LexisNexis Butterworths 2008) 156.
46
Rajathi v C Ganesan, AIR 1999 SC 2374.

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entitled to receive an allowance from her husband in three cases, i.e., (i) if she is living in
adultery, or (ii) if she refuses to live with her husband and without any sufficient cause, or (iii) if
they are living separately by mutual consent47.However, while granting of maintenance the status
of husband as well as that of the claimants should be taken into consideration.

Maintenance under section 125 and its correlation with personal laws- The section gives
effect to the natural and fundamental duty of a man to maintain his wife, children and parents so
long as they are unable to maintain themselves. It is applicable and enforceable whatever may be
the personal law which the person concerned are governed. Supreme Court in the case of Smt.
Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav and Anr48, observed that, the personal
law of the parties is relevant for deciding the validity of the marriage and therefore cannot be
altogether excluded from consideration. However in the case of Mohd. Ahmed Khan v. Shah
BanoBeghum49, it was argued that the personal law of the parties to a proceeding under s. 125 of
the Code should be completely excluded from consideration.

Hindu Laws- There is no inconsistency between Section 125 of the Code and section 24 of the
Hindu marriage act and the provisions in the Hindu Adoption and Maintenance Act, 1956 (in
short the 'Adoption Act')50. Court while discussing relation of section 125 and 24 of HMA in the
case of Pushpa Devi v Anup Singh51, stated that, the proceedings under Section 125, CrPC are
quite independent proceedings, even if she has been allowed maintenance pendentilite under
Section 24 of Hindu Marriage Act. The provisions of Section 24 of the Hindu Marriage Act
cannot override the provisions of Section 125, CrPC. Section 24 of Hindu Marriage Act is for a
period during which the matrimonial proceedings are pending in the Civil Court. Whereas the
allowance which is awarded by the Judicial Magistrate under Section 125, CrPC is not for a
limited period, but is for a period daring which the wife or other dependent of the husband are
neglected by him and the wife refuses to live with her husband. The award of maintenance
under Section 24 of the Hindu Marriage Act pendente lite was distinguished from a final
determination under the Hindu Adoptions and Maintenance Act and the incidental direction was

47
Order for maintenance for wives and children (section 125 CrPC),
http://www.shareyouressays.com/119452/order-for-maintenance-of-wives-and-children-section-125-of-crpc-2.
48
AIR 1988 SC 644.
49
[1985 ] 3 SCR 844.
50
(2005) 3 SCC 636.
51
http://www.the-laws.com/Encyclopedia/Browse/ShowCase.aspx?CaseId=304891555000.

10
pointed out to be no comprehensive adjudication, which has only marginal relevance for the
Magistrate without barring his jurisdiction to award a higher maintenance under Section 125 of
the Code of Criminal Procedure52.Therefore, A proceeding under Sections 24 and 25 of the
Hindu Marriage Act, 1955 could not operate as a bar to a proceeding under Section 125 of the
Code. In the same way Section 18 or 20 of the Hindu Adoption and Maintenance Act, 1956 does
not override the provisions of relief of Section 125 of the Code53.

Maintenance to Muslim women- According to the principles of Mohammedan law, a divorced


wife has the right to claim maintenance from her husband only upto the expiry of the period of
iddat and not beyond that period. However these principles are not relevant while considering the
provisons of section 125. In India the Shariat Act, 1937 also recognizes the Muslim wife's right
to maintenance. The section 488 of the old Code of Criminal Procedure1898 provides for
criminal action by virtue of magistrate's orders for maintenance of wives which included Muslim
wives too, as held in the case of Shahulmeedu v. Subaida Beevi. The Kerala High Court held that
s. 488(3) of the Cr.P.C, applied to all Indian wives including Muslim wives54.
Mohd. Ahmed Khan v. Shah Bano Begum55, it is declared that a Muslim husband who has
sufficient means must provide maintenance to his divorced wife who is unable to maintain
herself. Such a wife is entitled to the maintenance even if she refuses to live with the Muslim
husband because he has contracted another marriage within the limits of four wives allowed to
him by Quran and thus the Muslim Women (Protection of Rights on Divorce) Act 1986 was
brought into affect. It has been held that a Muslim wife is entitled to maintenance under section
125 till divorce is by her husband is communicated to her56.

52
Captain Romesh Chander Kaushal v Mrs Veena Kaushal, AIR 1978 SC 1807;
http://498afaq.blogspot.in/2009/11/can-maintenance-under-crpc-125-hma-24.html
53
Amutha @ Symaladevi : vs K.Thirumoorthy @ Thirumalaisamy , AIR 2010 NOC 336 (Mad); Order for
maintenance for wives and children (section 125 CrPC), http://www.shareyouressays.com/119452/order-for-
maintenance-of-wives-and-children-section-125-of-crpc-2.
54
http://www.lawteacher.net/indian-law/essays/daniel-latifi-v-union-of-india.php.
55
(1985) 2 SCC 556.
56
Imtiyaz Ahmad v Shamim Bano, 1998 CrLJ 2343 (All).

11
CONCLUSION

Section 125 provides for speedy, effective and inexpensive remedy against persons who neglects
or refuse to maintain their dependent wives, children and parents. The provisions contained in
section 125 are applicable to all persons belonging to all religions and have no relationship with
the personal law of the parties. Remedy provided under section 125 is for those people who are
unable to maintain themselves and thus need help for sustenance.

Marriage is considered a sacred institution in all religions and the relationship existing between
husband and wife thus becomes a sacred one. Section 125 helps those wives who have become
destitute and need help for their sustenance. It depends on the magistrate, if he finds it reasonable
that the said circumstances it is essential for the husband to provide some maintenance to the
wife. A positive aspect of this section is that it is applicable irrespective of personal laws of the
parties. In the case of Daniel Latifi v union of India, court was of the view that a muslim husband
is liable to make reasonable and fair provisions for the future of his divorced wife. Similarly
under Hindu Law, the maintenance provide under Hindu Marriage Act or Hindu Adoption and
maintenance act is not related to or contradictory to the maintenance provided by section 125
CrPC.

Earlier Rs 500 was the maximum amount that was fixed under section 125. However it was later
amended and now it is on the magistrate to decide a reasonable sum based on the condition of the
husband and the condition of the wife. This section not being a penal provision provides only for
a positive obligation that a person is bound to follow and thus the interpretation and objective of
the section is for social and general welfare.

12
BIBLEOGRAPHY

Primary Sources
i. Code of Criminal Procedure
ii. Hindu Adoption and Maintenance Act
iii. Hindu Marriage Act
iv. All India Reporters
v. Supreme Court Cases
Secondary Sources

Books

1. Batuk Lal, commentary on code of criminal procedure (2nd vol, 3rd ed., Orient Publishing
Company 2005).
2. Sarkar, code of criminal procedure (9th ed., Wadhwa 2007).
3. Ratanlal & Dhirajilal, the code of criminal procedure (17th ed., LexisNexis Butterworths
2008).
4. Dr D.N.Sen, The code of criminal procedure (1st ed, Premier Publishing Company 2006
5. R.V. Kelkar, Criminal Procedure (Dr K N Chandrasekharan Pillai ed., 5th ed Eastern
Book Company

Websources

1. http://www.harjindersingh.in/home/maintenance-u-sec-125-cr-p-c-to-an-earning-wife
2. http://delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_3987DD3D.P
DF
3. http://maintenanceofwife.blogspot.in/2012/08/landmark-judgment-on-s-125-crpc.html
4. http://hslsa.nic.in/FAQ/MAINTENANCE%20FOR%20WOMEN,%20CHILDREN%20&
%20PARENTS.PDF
5. http://www.shareyouressays.com/119452/order-for-maintenance-of-wives-and-children-
section-125-of-crpc-2

13
6. http://www.shareyouressays.com/85848/short-essay-on-maintenance-crpc-section-125
7. http://www.lawteacher.net/family-law/essays/effectiveness-of-the-legal-provisions-law-
essays.php
8. http://www.lawteacher.net/indian-law/essays/daniel-latifi-v-union-of-india.php
9. http://legalperspectives.blogspot.in/2009/12/maintenance-to-muslim-wife-law.html
10. http://voice4india.org/2010/02/12/sec-125-crpc-maintenance-welfare-of-parents-and-
senior-citizens-act/
11. http://terminatorak.wordpress.com/2012/01/11/sc-prevent-interim-maintenance-under-
125-crpc-if-case-ongoing-in-hma/
12. http://www.lawyersclubindia.com/articles/Law-of-Maintenance-in-India-under-Personal-
Laws-An-Analysis--5551.asp

13. http://www.lawteacher.net/indian-law/essays/daniel-latifi-v-union-of-india.php
14. http://498afaq.blogspot.in/2009/11/can-maintenance-under-crpc-125-hma-24.html

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