What provisions have been made for the maintenance under the CrPC? When the wife loses her right to maintenance?

Question: What provisions have been made for the maintenance under the CrPC? When the wife loses her right to maintenance?

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Answer

Maintenance general meaning is keeping something in good condition. Maintenance in legal meaning is money (alimony) that someone must pay regularly to a former wife, husband, or partner, especially when they have had children together.

It is the duty of every person to maintain his wife, children, and aged parents, who are not able to live on their own.

Section 125 of CrPC deals with the order of maintenance of wives, children, and parents. Under The CrPC., the following can claim and get maintenance-

(1) Wife from her husband.

(2) Legitimate or illegitimate minor child from his father.

(3) 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.

(4) His father or mother from his son or daughter.

A Magistrate of first-class may pass an order for maintenance to a person to give a monthly allowance to his wife or child or parents. The amount for the allowance is not fixed. It may be any sum.

The Magistrate, after considering the family status and conditions, orders for maintenance to such person. The order for maintenance is given when the person refuses or denies to maintain his dependants like wife, children, or parents.

In Mohd. Ahmad Khan v. Shah Bano Begum, 1985 SCR (3) 844, it was held that the provision of Section 125 is applicable to Muslim women also but the Government of India had faced bitter opposition from the Muslim fundamentalists against this leading judgment delivered by the Supreme Court of India.

As a result of this, the Parliament enacted a new law called the Muslim Women’s (Protection of Rights on Divorce) Act, 1986, which negative the effect of the judgment of Shah Bano’s case. Section 5 of the said Act provides that Muslim women can take remedy of maintenance under CrPC., 1973 only if the husband consented to it.

In Major Ashok Kumar Singh v. Vlth Addl. Sessions Judge, (1991) CriLJ 2357, it was held that unless otherwise, women are qualified to get maintenance, education of wife cannot act as disqualification so far as her right to obtain maintenance is concerned. But the husband may oppose the claim of the wife on any of the following grounds-

(i) that he does not have sufficient means.

(ii) that she is able to maintain herself.

(iii) that he has not neglected or refused to maintain her.

(iv) that she is living in adultery.

(v) that she is living separately by mutual consent.

A divorced woman who has not remarried is entitled to get the relief of maintenance from her husband till her second marriage. She is also entitled to get maintenance from her husband during the pendency of the trial of the case.

The right of a wife for maintenance is not an absolute right under section 125 CrPC, the very same is circumscribed by the fact that she is unable to keep up herself and further the spouse having adequate methods ignored or would not look after her.

Section 125(4) of CrPC states that no wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of the proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

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