Important Judicial Decisions on Section 125 CrPC: Maintenance for Wives, Children, and Parents
Section 125 of the Code of Criminal Procedure, 1973 (CrPC) provides a swift remedy for wives, children, and parents who are unable to maintain themselves and are neglected by the person legally bound to support them. Over the years, Indian courts have interpreted and expanded this provision to ensure justice and social welfare.
Here's a topic-wise breakdown of landmark decisions that have shaped the understanding of Section 125 CrPC:
1. Who Can Claim Maintenance?
Wife (Legally Wedded or Otherwise)
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Chanmuniya v. Virendra Kumar Singh Kushwaha (2011) 1 SCC 141
The Supreme Court held that a woman in a long-standing relationship resembling marriage (live-in relationship) may claim maintenance under Section 125. -
Savitaben Somabhai Bhatiya v. State of Gujarat (2005) 3 SCC 636
Maintenance cannot be granted to a second wife if the marriage is void due to the husband’s subsisting first marriage.
2. Quantum and Standard of Maintenance
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Bhuwan Mohan Singh v. Meena & Ors (2015) 6 SCC 353
Maintenance must be sufficient to enable the wife to live with dignity and maintain the same standard of living as she had in her matrimonial home. -
Shailja & Anr v. Khobbanna (2017) 9 SCC 455
Merely because the wife is capable of earning, she cannot be denied maintenance if she is not actually earning.
3. Right of Parents
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Kirtikant D. Vadodaria v. State of Gujarat (1996) 4 SCC 479
Stepparents cannot claim maintenance unless they are dependent and the person claiming is obligated to support them under personal law. -
Vijaya Manohar Arbat v. Kashirao Rajaram Sawai (1987) 2 SCC 278
A daughter (whether married or unmarried) has an obligation to maintain her parents if they are unable to maintain themselves.
4. Children’s Right to Maintenance
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Abhilasha v. Prakash (2020) 10 SCC 549
An unmarried major daughter is not entitled to maintenance under Section 125 unless she is unable to maintain herself due to physical or mental abnormality.
5. Interim Maintenance
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Rajnesh v. Neha (2021) 2 SCC 324
A comprehensive judgment that laid down guidelines for fixing interim and final maintenance, disclosure of income, timelines, and avoiding multiplicity of proceedings.
6. Arrears of Maintenance
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Shantha v. B.G. Shivananjappa (2005) 4 SCC 468
Arrears of maintenance can be recovered as per the procedure laid down in Section 125(3) CrPC and are not limited to a specific time frame.
7. Refusal to Maintain Without Just Cause
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Bharata Matha v. R. Vijaya Renganathan (2010) 11 SCC 483
If the wife is living separately with just cause, she is entitled to maintenance. -
Ramesh Chander Kaushal v. Veena Kaushal (1978) 4 SCC 70
Maintenance provisions must be construed liberally to fulfill their purpose of protecting neglected individuals.
Conclusion
Section 125 CrPC stands as a beacon of social justice, offering a quick and effective remedy to those neglected by their families. Courts have consistently expanded its interpretation to align with the changing dynamics of Indian society, especially concerning women’s rights and family welfare.
Legal awareness of these judgments ensures that the beneficiaries under Section 125 can assert their rights effectively.
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