Maintenance under Section 125 of Criminal Procedure Code, important Supreme Court and High Court Judgments with subject of case, case decisions, case laws and citations
Case Title | Name of Court | Act | Date and Citation | Gist |
Chaturbhuj vs Sita Bai | Supreme Court | CrPC 125 | 27 November 2007 (2008) 2 SCC 316 |
Where the personal income of the wife is insufficient she can claim maintenance under Section 125 Cr.P.C. |
Archana Gupta vs Rajeev Gupta | Uttarakhand High Court | CrPC 125 | 18 November 2009 | No Maintenance u/s Crpc 125 if wife deserts husband |
Ashok Yeshwant Samant vs Smt. Suparna Ashok Samant | Bombay High Court | CrPC 125 |
27 July 1990 1991 (1) Bom CR 383, (1990) 92 BOMLR 434, 1991 CriLJ 766, II (1991) DMC 132 |
Recovery under 125(3) are independent of 127, thus Husband cannot be
directed to deposit the arrear as condition to proceed with his
application of 127 |
B.Prakash vs Deepa | Madras High Court | CrPC 125 | 28 July 2015 |
DV and 125 cant be filed on the same set of allegations and cause of action |
Bhagwan Dutt vs Kamla Devi | Supreme Court | CrPC 125 | 17 October 1974 1975 AIR 83, 1975 SCR (2) 483 |
Separate income of the wife can be taken into account in determining the amount of maintenance payable to her |
Bhagwan Raoji Dale vs Sushma Alias Nanda Bhagwan Dale | Bombay HC |
CrPC 125 |
17 April 1998 1999 (5) BomCR 851, I (1999) DMC 168 |
Deserting wife NOT entitled to maintenance us 125 CrPC. NOT entitled
after divorce also |
Bheekha Ram vs Goma Devi And Ors | Rajasthan High Court | CrPC 125 |
22 January 1999 I (2000) DMC 76, 1999 WLC Raj UC 260 |
No maintenance for a deserting wife |
Bhushan Kumar Meen vs Mansi Meen @ Harpreet Kaur | Supreme Court | CrPC 125 |
28 April 2009 (2010) 15 SCC 372 |
House Loan EMI to be considered while granting interim maintenance |
Capt Dr Hamesh Kumar Vs Dr Nisha Sahi | Punjab-Haryana HC |
CrPC 125 | 20 July 1993 CURLJ-1993-2-367, LAWS(P&H)-1993-7-125 |
Wife Working, taking unnecessary adjournments, Quashed under CrPC 482 |
D.Velusamy vs D.Patchaiammal | Supreme Court | CrPC 125 | 21 October 2010 AIR(SC)-2011-0-479, SCC-2010-10-469,ALLSCR-2010-0-2639 |
Relationship in the nature of marriage for DV Act |
Deb Narayan Halder vs Anushree Halder | Supreme Court | CrPC 125 | 26 August 2003 (2003) 11 SCC 303 |
wife who leaves matrimonial home without any justification is not entitled to maintenance under Section 125 |
G. Ramanathan vs Revathy | Madras High Court | CrPC 125 | 16 March 1989 1989 Crl.LJ 2037 (1) |
Wife cannot seek the same relief from JM court when matter is pending in Civil Court |
Gian Chand vs Dilpreet Kaur | Punjab and Haryana High Court | CrPC 125, HMA 24 | 23 February 2010 |
Maintenance awarded in two sections to be offset |
Gurbinder Singh vs Manjit Kaur | Delhi High Court | CrPC 125 | 25 January 2010 |
Wife after concealing the material facts about her own employment and agreement with husband, took exparte order in her favour, so contempt and fine. |
Haunsabai vs Balkrishna Krishna Badigar | Karnataka High Court | CrPC 125 | 13 February 1980 1981 CriLJ 110, ILR 1980 KAR 612, 1980 (2) KarLJ 158 |
Wife should prove that she is unable to maintain herself in addition to the facts that her husband has sufficient means to maintain her and that he has neglected to maintain her |
Iqbal Bano vs State Of U.P. And Anr | Supreme Court | CrPC 125 | 05 June 2007 AIR 2007 SC 2215 |
1. Section 125 Cr.P.C. Proceedings under are civil in nature. 2. Divorce Muslim Wife is eligible for Maintenance under 125 |
Jagdish Prasad vs State & Others | Delhi High Court | CrPC 125 | 23 March 2009 |
Wife lied related to her working status hence Perjury allowed |
Jangam Srinivasa Rao vs Jangam Rajeswari | Andhra High Court | CrPC 125 | 03 March 1989 1990 CriLJ 2506 |
Maximum period for which Wife can claim maintenance under the procedure contemplated under S. 125(3) is one year |
Kavita Prasad vs Ram Ashray Prasad | Delhi High Court | CrPC 125 | 01 October 2008 |
Qualified wife sitting idle and claiming maintenance. From husband should go and do work for society free of charge as long as she is claiming maintenance on account of being unemployed. |
Laljee Yadav vs The State Of Bihar | Patna High Court | 125 CrPC | 16 September 2001 2011 (4) PLJR 248 |
1. Before the wife can claim maintenance she must show that she is unable to maintain herself and that her husband has sufficient means but neglects or refuses to maintain. 2. Distress warrant for recovery cant be initiated straightaway before issuing a warrant for levying the amount due in the manner provided for levying fines. 3. there has to be separate sentencing upon separate and fresh application after considering the matter for each month or part thereof for which maintenance remains unpaid. Thus, by no stretch of imagination, can there be a continuous mechanical remand. |
Manoj Yadav vs Pushpa @ Kiran Yadav & Ors. | Supreme Court | CrPC 125 | 11 January 2011 |
Different Maximum Quantum of maintenance fixed by different States by way of State amendments held to be unconstitutional |
Marimuthu vs Janaki | Madras High Court | CrPC 125 | 22 February 2008 | Couple was living separately by mutual consent, hence maintenance denied. |
Meena Dinesh Parmar vs Dinesh Hastimal Parmar | Bombay High Court | CrPC 125 | 04 February 2005 AIR 2005 Bom 298, 2005 (4) BomCR 672, 2005 (2) MhLj 305 |
Wife was living at her Maternal Uncle's place and refused to return. Maintenance not granted as it is proved that wife wants to reside separately. |
Ravindra Haribhau Karmarkar vs Shaila Ravindra Karmarkar | Bombay High Court | CrPC 125 | 17 July 1991 1992 CriLJ 1845 |
Wife cannot claim same relief from JM and Civil Court simultaneously. |
Rohtash Singh vs Ramendri And Ors | Supreme Court | CrPC 125, HMA | 02 March 2000 2000 (2) SCR 58 |
Wife is not entitled for maintenance prior to divorce on desertion and cruelty but after Divorce Wife can seek maintenance. |
Samaydin vs State of UP | Allahabad High Court | CrPC 125 | 04 January 2001 LAWS (ALL)-2001-1-47 |
In normal circumstances the maintenance must be granted from the
date of the order |
Sanjay Sudhakar Bhosale vs Khristina Sanjay Bhosale | Bombay High Court | CrPC 125 | 08 April 2008 2008 Cri.L.J. (NOC) 833 (BOM.) |
No maintenance to wife under CRPC 125 if she can not prove Cruelty |
Sejalben Tejasbhai Chovatiya vs State of Gujarat | Gujarat High Court | CrPC 125 | 20 October 2016 |
Wife declaring completely incorrect facts and also suppressing the material aspect was prosecuted for perjury |
Shailja vs Khobbanna | Supreme Court | CrPC 125 | 18 January 2017 | Judgment against Husband. Whether the wife is capable of earning or whether she is actually earning are two different requirements. |
Shiv Kumar Yadav vs Santoshii Yadav | Chattisgarh High Court | CrPC 125 | 04 February 2004 | Wife wants to reside separately without sufficient cause, hence Maintenance denied. |
Sudha Devi & Another vs State Of U.P. & Another | Allahabad High Court | CrPC 125 | 02 April 2014 |
Maintenance order to be paid from the date of order unless explicitly mentioned to pay from date of application. |
T K Surendran Vs P.Najima Bindu | Kerala High Court | CrPC 125 | 03 February 2012 DMC2012249 |
Judgment Against Husband. CrPC 125 and HMA 25 is applicable for Voidable Marriage. |
V.B.Kamalanathan vs K.Jayasree | Madras High Court | CrPC 125 | 29 April 2016 |
Upon non-payment of arrears, arrest cannot be ordered simply just because wife has asked for, the Court has to be satisfied that Husband despite having sufficient means had willfully evaded the payment of arrears of maintenance. |
Vanamala vs Shri H.M.Ranganatha Bhatta | Supreme Court | CrPC 125 | 27 July 1995 1995 SCC (5) 299, JT 1995 (5) 670 |
Mutual Divorced wife eligible for Maintenance |
Vikas Jain vs Deepali Jain | Uttarakhand HC | CrPC 125 | 25 October 2010 | No Maintenance u/s125Crpc for working Women |
Vinita Devangan v. Rakesh Kumar Devangan | Chattisgarh High Court | CrPC 125 | 01 May 2009 2010(1) HLR 604 : 2010(1) AICLR 508 : 2009(3) Crimes 57 : 2009(2) DMC 833 |
Wife took MCD then filed 125, but Wife is a proprietor of a Boutique and she hide this fact, hence maintenance denied due to unclean hands |
Yamunabai Anantrao Adhav A vs Ranantrao Shivram Adhav | Supreme Court | CrPC 125 | 27 January 1988 1988 AIR 644, 1988 SCR (2) 809 |
Personal Law to be considered while deciding CrPC 125 |
Domestic Violence Act Citations |
CRPC - Code of Criminal Procedure CPC Important citations, case laws |