ભરણ પોષણ મેળવવા માટે
FAQs: Maintenance Under Section 125 IPC of CrPC
Q. Can working wife claim maintenance?
A. Yes
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. Is sec 125 of CrPC civil or criminal?
A. Proceedings u/s Sec 125 of CrPC are civil in nature.
Q. Can educated wife claim maintenance under Section CrPC 125 maintenance?
A. Yes, Educated wife can claim maintenance under Section CrPC 125 maintenance.
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 ipc itself, any person who receives, a monthly allowance under section 125 of ipc 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. What are the relevant factors for deciding maintenance?
A. Income and Liabilities of parties, capacity and status of both parties, conduct and dependents are the main factors.
Q. Can divorced wife claim maintenance?
A. Yes, under certain conditions
Q. can maintenance to wife under section 125 ipc be given after divorce
A. Yes, Under certain conditions
Q. Who can claim maintenance under section 125 ipc?
A. All dependents i.e. Parents, wife and children
Q. Can husband reduce maintenance of wife ?
A. Yes. Husband can reduce maintenance of wife.
Q. How husband reduce maintenance of wife ?
A. Husband can reduce maintenance of wife on various ways:
- In case of wife left the husband on her own.
- Produce evidence that wife is well of earning.
- Husband needs to show his liabilities.
- Negotiation and Mediation
With the above way husband can reduce maintenance of wife.
Q. Is there a difference between Alimony and Maintenance in Indian Laws?
A. Yes
Q. Is there a liability of In-laws to pay maintenance to Daughter-in-law?
A. No
Q. Is a husband legally bound to pay maintenance to his wife in case of her disobedience?
A. No
Q. Is a husband bound to pay maintenance if he is unemployed?
A. Yes, the quantum of maintenance will be minimal.
Q. Whether there can be Grounds on no maintenance to wife ?
A. Yes. There can be grounds on no maintenance to wife.
Q. What are the grounds on No maintenance to wife ?
A. Grounds on NO maintenance to wife are:
- Wife living in Adultery
- Wife Living separately without sufficient cause.
- Professionally qualified wife-Capable of earning
- Separated by mutual consent
- Earning wife
The above are the major grounds of no maintenance to wife.
Q. Is the above ground on no maintenance to wife is applicable in India ?
A. Yes. The above grounds of No maintenance to wife is applicable in India
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 amount will be reasonable for the wife as maintenance?
A. There is no fixed formula for that but generally it is one third of husband’s in hand earnings.
Q. Can parents claim maintenance allowance from their children?
A. Yes
Q. If there is no domestic violence on the wife, her children are also not entitiled to maintenance?
A. maintenance to the children is not denied.
Q. Can a wife claim maintenance if she marries another person after divorce in India?
A. No
Q. how to claim maintenance for a child in india?
A. By filing an application under section 26 of the HMA and under section 125 CrPC too.
Q. Is a working woman eligible for maintenance in India?
A. Yes
Q. what are the object of section 125 ipc?
A. It is to provide a summary remedy to the dependent wife, children, and parents in form of monetary maintenance
Q. can search warrants be issued under proceedings U/S section 125 of Cr.P.C?
A. NO
Q. can a wife is liable to claim maintenance without divorce from her husband?
A. yes
Q. what is the difference between maintenance under section 125 ipc and section 24 of Hindu Marriage Act?
A. Section 24 HMA is only applicable during HMA proceedings, but section 125 ipc can run without wife seeking divorce
Q. Can wife claim maintenance under both in section 125 of crpc and in section 24 of Hindu Marriage Act?
A. Yes
Q. Can a husband claim Alimony?
A.Yes
Q. Is it compulsory to pay maintenance?
A. only as per court’s order
Q. Is providing maintenance to wife a fundamental duty of a husband?
A. No, It is a statutory duty of a man to maintain his wife, children, parents, near relations, etc. so long as they are unable to maintain themselves.
Q. Is right to claim maintenance a legal right?
A. Yes
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. Where can maintenance proceedings be filed?
A. In the family court or judicial magistrate court.
Q. How long do you pay maintenance?
A. Till wife is able to maintain herself or her remarriage.
Q. Can a wife claim maintenance without divorce?
A.Yes
Q. Can an earning wife claim maintenance?
A. Yes
Q. How long does a wife get Alimony?
A. Alimony is a one time settlement amount.
Q. What is the average amount of Alimony?
A. There is no average amount of alimony.
Q. How can one avoid Alimony?
A. Only by claiming and proving that he needs to be provided alimony
Q. if wife deserted husband will she liable to claim maintenance from husband?
A. No
Q. What is interim maintenance?
A. Amount meant to meet the immediate and urgent basic necessities like food, house, medical, education etc
Q. Is interim maintenance during divorce is always the wife’s legal right?
A. Yes, baring certain conditions.
Q. Does a man have to pay 1/3 of his salary as maintenance in case the wife claims maintenance?
A. Not necessarily.
Q. Can one party appeal the order of maintenance?
A. Yes
Q. How many types of maintenance are provided under section 125 Cr.P.C in India?
A. Three, Namely maintenance to wife, parents and children.
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. 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. Can a muslim woman claim under section 125 of CR.P.C in India?
A. Yes
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. Are children’s enttiled to get maintenance?
A. Yes
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.
Q. Can a second wife claim maintenance under section 125 of Cr.P.C
A. Yes
Q. Can men claim maintenance on the grounds of cruelity?
A. Yes
Q. Can an unemployed men deny maintenance to his wife?
A. No
Q. What is the meaning of Quantum of maintenance?
A. It simply means the ‘Amount’.
Q. Does maintenance stop when you remarry?
A. No for a man, and Yes for a woman
Q. What is temporary maintenance?
A. It is a lingo for Interim Maintenance.
Q. Can a daughter-in-law claim maintenance from her father-in-law?
A. Not till husband is alive
Q. Can a wife claim on husband’s parents property?
A. No
Q. How long does divorce maintenance last?
A. Till the wife remarries or is able to sustain herself financially.
Q. Is maintenance considered income?
A. NO
Q. Can I seek income tax rebate on maintanance paid to wife/children?
A. NO
Q. Can a wife ask for maintenance before divorce?
A. Yes
Q. What does maintenance mean in a divorce?
A. Amount which is paid to the wife after divorce for her sustenance and well-being.
Q. What age does a father stop paying maintenance?
A. After the child attains majority.
Q. Under Indian Law what is the term “Maintenance” means?
A. Amount which is paid to the wife, Parents or children for sustenance and well-being.
Q. Is Strict poof of marriage is an essential part to claim Maintenance under section 125 of CR. P.C?
A. Yes
Q. Can order of Maintenance awarded under Domestic Violence act be substituted by Maintenance under section 125 Cr.P.C?
A. Yes
Q. Wife who deserts husband are entitled to claim Maintenance?
A. No
Q. Can a woman file Maintenance case under section 125 Cr.P.c twice on her husband?
A. NO
Q. Can children claim Maintenance from their mother?
A. Yes
Q. Can a wife take advantage of two orders of Maintenance passed by Civil as well as Criminal court?
A. NO
Q. What is the meaning of unable to maintain in section 125 Cr.P.C?
A. It means ” Amount for sustenance and well-being”.
Q. What is the liability of Maintenance of children when both parents are working?
A. Equal to their earnings
Q. Can parents ask for Maintenance from their children?
A. Yes
Q. Can a widow file for Maintenance against her in-laws?
A. Yes
Q. Is husband liable to pay alimony and maintenance in India if he gets a mutual divorce from his wife?
A. It depends on many factors. But generally Yes.
Q. How can daughter claim maintenance from her father in India?
A. Under section 125 CrPC, section 20 of Hindu Adoption and maintenance Act and Section 26 of HMA
Q. why is non payment of maintenance a criminal offence?
A. under crpc 125 and DV, the execution is criminal in nature, thus the nature of offence
Q. Can a foreign citizen’s wife (of Indian origin) claim maintenance under section 125 of Cr.P.C?
A. Yes
Q. Can ex wife claim maintenance under section 125 of CR.P.C after a long span of time of divorce?
A. Yes
Q. How can a divorced muslim woman claim for maintenance in India?
A. She can file for it under section 125 ipc
Q. If Husband has not received the notice/summon from court, will he have to pay maintenance?
A. Yes, The courts have the power to order maintenance.
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. How is maintenance calculated between wife, children and parents?
A. There is no set formula for it.
Q. Do I have to pay maintenance to in laws also?
A. No
Q. When to apppeal in maintenance case and where?
A. Family Court Appeals are in High Court
Q. Will I get back the maintenance I have paid when the case is decided in my favour?
A. NO
Q. Is working wife earning almost equivalent to me liable for maintenance?
A. NO
Q. If I have the custody of child will she pay child’s maintenance to me?
A. Yes
Q. How can I increase my liabilities so that I have to pay less maintenance?
A. Liability is fact based and unique to each individual
Q. If parents are retired but get pension can I show them as dependents?
A. NO
Q. What is change in circumstances?
A. When the amount on which the maintenance is granted increases or decreases.
Q. If I leave my job will maintenance be reduced?
A. Yes, court will re-adjudicate it on filing of an application mentioning the same.
Q. If I leave my job before maintenance case is filed or before the order or before filing of income affidavit will it benefit me?
A. Yes, before filing Income Affidavit
Q. Can Wife take ex parte order in 125?
A. Yes
Q. How should I prepare my Income Affidavit?
A. You should prepare based on true facts
Q. Is it necessary to file income affidavit?
A. Yes, it gives a clear picture to the court about your income and liabilities.
Q. What information can I hide in income affidavit?
A. This is not advisable.
Q. How is Section 24 Section 125 and Dv maintenance different?
A. They are different provision under which a wife or partner can claim maintenace
Q. If wife is adulterous will she get maintenance?
A. No
Q. Do I have to pay maintenance in annulment case?
A. No
Q. Do I have to pay maintenance from date of order or date of filing of case?
A. Generally it is from date of filing
Q. Under what circumstances can there be no maintenance to wife?
A. No maintenance to wife in the following cases:
- wife has wilfully disserted the husband.
- wife has contracted second marriage.
- wife is pursuing an adulterous relationship.
- a woman against whom Restitution decree has been passed.
- Cancellation of maintenance of the wife by a competent civil court.
- Woman staying away by mutual consent or has forgone maintenance.
- Divorce was granted on her default of wife.