Who Cannot claim maintenance under 125 CrPC?

Under Section 125(l)(a) of the Code, maintenance allowance cannot be granted to every wife who is neglected by husband or whose husband refuses to maintain her, but can only be granted to a wife who is unable to maintain herself but not a wife who is maintaining herself with some difficulty.

Who may claim under section 125 of the Act enumerate the situation in which a wife will not be entitled to receive an allowance from her husband?

(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

Who is not entitled to maintenance under CrPC?

Maintenance under the CrPC This law, though secular, is gender specific in one aspect. Maintenance under this law can only be claimed by the wife, and not by the husband. The interpretation of the word “wife” also needs to be looked into. According to the Supreme Court judgment in Savitaben Somabhai Bhatiya v.

On what grounds court can refuse maintenance to wife under Section 125 Cr PC?

However, a wife cannot claim maintenance in case she is living in adultery or she without any sufficient reason refuses to live with her husband. If she remarries, after the date of her divorce, she cannot claim any such maintenance.

Can a wife claim maintenance without divorce under section 125 of CrPC?

Even without divorce, maintenance comes when she is separated from her husband or her husband has separated from her without any proper reason. Maintenance can be claimed by the wife under Section 125, CRPC.

Can a wife of void marriage claim maintenance under section 125 CrPC?

Second wife when not entitled to maintenance?: Second wife marrying Hindu male having legally wedded wife, after coming into force of the Hindu Marriage Act, 1955 is void ipso jure u/s 5(i) of the Act and is not entitled to claim of maintenance either under the Hindu Marriage Act, 1955 or u/s 125 of the CrPC.

Can wife claim maintenance without divorce under the Section 125 of CRPC?

Maintenance can be claimed by the wife under Section 125, Cr. Not separated by mutual consent-When both spouse mutually agrees to live separately and have not divorced then the wife cannot claim maintenance from her spouse since she had agreed to stay separately from him and he did not desert her.

What is Section 125(1) of the Indian Family Code?

During the pendency of the proceedings regarding the monthly allowance for the maintenance under Section 125 (1) of the Code, the Magistrate can order such a person to make a monthly allowance for the interim maintenance to his wife, child or father or mother.

Can interim maintenance be claimed under Section 125(1) CrPC?

Interim maintenance may also be claimed under Section 125 CrPC by the wife during the pendency of proceeding for regarding monthly allowance for maintenance under Section 125 (1) CrPC.

Can a divorced Muslim woman claim maintenance under Section 125 CrPC?

A divorced Muslim woman has right under Section 125 CrPC to claim maintenance even beyond the iddat period. If the woman is able to maintain herself then the liability of husband to maintain her ceases with the expiration of iddat period. However, on the inability of maintaining herself, she can take recourse of that section.

Can a married woman be denied maintenance under Section 125 4?

Section 125 (4) contemplates a married woman. Wife living separately from husband with mutual consent does not mean wife who obtains divorce by mutual consent and lives separately and therefore cannot be denied maintenance on this ground, Vanamala v. H.M. Ranganatha Bhatta, (1995) 5 SCC 299. Is an earning wife entitled to maintenance?

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