Article written by Advocate Alpa Jogi on Maintenancetenance of wife under 125 CrPC
Who can claim and get maintenance?
Section 125 of Cr.PC deals with Order for maintenance of wives, children and parents. According to Section 125(1), the following persons can claim and get maintenance:
(a) Wife from his husband
(b) Legitimate or illegitimate minor child from his father.
(c) Legitimate or illegitimate minor child (physical or mental abnormality) from his father, and
(d) Father or mother from his son or daughter.
In the case of Chanmuniya vs Virendra Singh, Supreme Court has defined ‘Wife’ and it includes even those cases where a man and woman have been living together as husband and wife for a reasonably long period of time. Strict proof of marriage should not be a precondition of maintenance under Section 125 of the Cr.PC.
A wife can claim and get maintenance from her husband in the following conditions:
She is divorced by her husband, or
Obtained divorce from her husband, and
She has not remarried, and
She is not able to maintain herself.
A wife can not claim and get maintenance from her husband in the following conditions:
Wife living in adultery, or
Refuses to live with husband without any valid reasons, or
Living separately by mutual consent.
Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.
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