Saturday, 20 October 2012

Problem with CrPC 125

Under CrPC 125 an order can be passed against a man having sufficient means to provide maintenance for the wife, who is unable to maintain herself.

First this section consider a "divorced wife" as a wife. How can a divorced wife be a wife defied all rational reasoning.

Secondly there is no upper limit provided in this section for maintenance. It does not take duration of the marriage for determining the quantum of maintenance. This maintenance amount should only be enough to provide the basic necessities for the wife.

Thirdly if the husband fails to pay the monthly maintenance amount he is liable to be imprisoned. A man can go through financial crisis and due to adverse financial condition may not be in a position to pay the amount. This section does not provide any relief to the husband during his days of financial hardship.

Fourthly under CrPC 125, an able bodied husband has been held liable to maintain his wife. However it does not consider that it is a responsibility of a able bodied wife to maintain at least herself !!! This is inspite of the fact men and women are considered to be equal as per Indian constitution.

CrPC 125 needs to be changed.


  1. It is correctly termed as 125.

    Husband says we are 1 (one)
    Wife says i need 2 (Double) times his actual salary as maintenance.
    Courts, listen to arguments and announce 5 (five) times as the actual order.

    So, it is CrPC 1>2>5.

  2. Indian law related marriage itself is a big joke....where women's take undue advantage of these biased laws.This should be scrapped immediately to avoid this this joke to become more popular.