A wife who is unable to maintain herself is entitled for maintenance under clause 4 of Sec.125 CrPC

K R Sagayaraj vs Mrs C Rajammal & Anr

Madras HC

12/11/2010

CRL.O.P.No.22949 of 2009 and M.P.Nos.1 of 2009 and 1 of 2010

About/from the judgment:

CrPC 125 - A wife who is unable to maintain herself is entitled for maintenance under clause 4 of Sec.125 CrPC. She is not entitled to receive such maintenance from her husband if without any sufficient reason refuses to live with her husband.

 

While dealing with the question whether a pre-existing order for payment of maintenance under Sec.125 of Cr.P.C is a bar for maintaining an application under Sec.24 of the Hindu Marriages Act, the Courts are of the uniform view that it is not a bar and both the reliefs are independent of each other. It is well settled that a claim under Sec.24 of the Hindu Marriages Act is a relief of interim maintenance during the pendency of matrimonial proceedings. Initiation of a legal proceedings under the Hindu Marriages Act is a condition precedent whereas the claim under Sec.125 Cr.P.C is a social relief. The civil courts granting maintenance have only to take into consideration of the pre-existing order of such payment of maintenance by the criminal court.

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