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.
