Frequently Asked Questions

Check out some of the common questions

FAQs: Sec 125/127 CRPC Maintenance Laws to Wife?

Q. What is the importance of sec 125 of CrPC?

A. Sec 125 of CrPC is a tool for social justice enacted to ensure that women and children are protected from a life of potential vagrancy and destitution.

Q. Can husband claim maintenance from his wife under section 125 CrPC maintenance?

A. No, husband can’t claim maintenance from his wife under section 125 CrPC maintenance, Only under Section 24 of HMA a Husband can claim maintenance.

Q. What is Section 127 of CRPC?

A. The power under Section 127 of CRPC flows from Section 125 Crpc itself, any person who receives, a monthly allowance under section 125 of Crpc for the maintenance or interim maintenance, such as wife, child, father or mother, the Magistrate can make such alteration in monthly allowance depends on proof of a change in the circumstances of the appropriate case. Alteration in allowance and Enforcement of order of maintenance are defined under Section 127 of CRPC 1973.

Q. When Maintenance can be rejected/ cancelled?

A. If the wife is living in adultery, she has left the company of the husband without valid reason or with mutual consent or if she has changed her religion or if she remarries.

Q. What is the role of maintenance laws in India?

A. The maintenance law in India lays down the duty of a man to provide maintenance to his parents, wife, and children when they are unable to maintain themselves.

Q. What maintenance include in India?

A. Under Indian law, the term ‘maintenance’ includes an entitlement to food, clothing and shelter, being typically available to the wife, children and parents.

Q. What is the difference between Interim maintenance and permanent maintenance?

A. Interim maintenance is to meet the immediate and urgent basic necessities whereas permanent maintenance is the detailed appreciation of standard of living, incomes, expenses etc.

Q. What is the minimum amount of maintenance?

A. It depends on Income and Liabilities of both parties, capacity and status of both parties, conduct and dependents are the main factors.

Q. What is interim maintenance?

A. Amount meant to meet the immediate and urgent basic necessities like food, house, medical, education etc.

Q. Explain maintenance under section 18 of Hindu Adoption and Maintenance Act, 1956?

A. Its applicable only to hindus and even an adulterous and wife who deserted can claim it only by virtue of being wife.

Q. When wife are not entitled to get maintenance?

A. If she is living in adultery, has left the company of husband without reason, mutually seperated or remarries.

Q. When children are entitiled or not entitiled to get maintenance?

A. Till they obtain the age of 18 or if they are mentally or physically unfit. Adult unmarried daughter can also claim maintenance.