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CrPC 125 - Important Judgments and Case laws with citations

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
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



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