Criminal Procedure Code, 1974 S. 125 - Explained - That the inherent and fundamental rights behind Section 125 Cr.P.C. is for amelioration of the financial state of affairs as well as mental agony and anguish that woman suffers when she is compelled to leave her matrimonial home - The principles of sustenance gets more heightened when the children are with her. (SC)(178) PLR

Criminal Procedure Code, 1974 S. 125 - Has been rightly held to be applicable by the Family Judge to Muslim Woman - Family Court Act, 1984 (66 of 1984). (SC)(178) PLR

Criminal Procedure Code, 1974 S. 125 - Maintenance - Husband cannot be permitted to plead that he is unable to maintain the wife due to financial constraints as long as he is capable of earning. (SC)(178) PLR

Criminal Procedure Code, 1974 S. 125 - Sustenance - Be it clarified that sustenance does not meant and can never allow to mean a mere survival - A woman, who is constrained to leave the marital home, should not be allowed to feel that she has fallen from grace and move hither and thither arranging for sustenance - As per law, she is entitled to lead a life in the similar manner as she would have lived in the house of her husband - And that is where the status and strata of the husband comes into play and that is where the legal obligation of the husband becomes a prominent one - As long as the wife is held entitled to grant of maintenance within the parameters of Section 125 Cr.P.C., it has to be adequate so that she can live with dignity as she would have lived in her matrimonial home - She cannot be compelled to become a destitute or a beggar. (SC)(178) PLR

 

Criminal Procedure Code, 1974 S. 125 - There can be no shadow of doubt that an order under Section 125 Cr.P.C. can be passed if a person despite having sufficient means neglects or refuses to maintain the wife - Sometimes, a plea is advanced by the husband that he does not have the means to pay, for he does not have a job or his business is not doing well - These are only bald excuses and, in fact, they have no acceptability in law - If the husband is healthy, able bodied and is in a position to support himself, he is under the legal obligation to support his wife, for wife's right to receive maintenance under Section 125 Cr.P.C., unless disqualified, is an absolute right. (SC)(178) PLR