Maintenance under Cr.P.

C, 1973
• Obligation- to maintain his wife.
• Includes- expenses for food/ clothing/ residence, medical &
other expenses relating to normal pursuit of life.
• Wife- legitimate wife- valid wedlock- only can claim
maintenance.
• Divorced wife- till remarry & unable to maintain herself- got
right to claim maintenance U/S. 125.
• Power of court- grant maintenance- discretionary.
• Court- consideration- employment of wife/ separate income
of wife & despite employment- unable to maintain herself-
court has got discretion to award maintenance to wife.
 No right of maintenance
S. 125(4)- wife loses right of maintenance/ interim
maintenance & expenses of proceedings in cases:-
a) If she lives in adultery.
b) If she denies to live with her husband without
any reasonable cause.
c) If she has separated by mutual consent.
S. 125(5)- talks abt cancellation of order of
maintenance passed in favor of woman if
conditions mentioned S.125(4) are satisfied.
 Case laws
 Shiva Kumar Pradhar v. Meena Rawat & Anr.
 Uri Hanumantha Raio v. Chepuri Uma Bola
S. 126- talks abt procedure
• Proceedings- can be filed against a person where he is or where he
or his wife is residing or where he last resided with his wife or with
mother of illegitimate child as case may be.
• If magistrate satisfied- husband- willfully avoiding service or
neglecting to attend court- exparte orders.

Order-may be set aside within 3 months if justifiable cause is shown

S.127- alteration in allowance. If changes in circumstances- magistrate
empowered to alter maintenance amt or to cancel amt.