When the husband can deny maintenance to his wife?

When there is a quarrel between husband and wife and both do not want to live together, then they apply for divorce. Along with this, they also apply for maintenance under section 125 of CrPC. When the family court hears the application for divorce, the maximum application made in them is under section 125 of the CrPC. The family court orders pay monthly maintenance to the wife and child. In this blog, you will know the circumstances in which the court can refuse the husband to maintain his wife.

By the way, the wife is a domestic lady. There are still many women in our country of India who depend only on their husbands or other family members for their maintenance. Along with this, women do not have any source of income, yet often the husband's intentions regarding the wife's maintenance are falsified. But sometimes, such situations also arise in which the maintenance of the wife cannot be given. In section 125 of CrPC, some such circumstances have been given in the court can refuse.

When the husband does not have to give maintenance to his wife:

• When the wife has remarried: When the wife remarries, she can be refused by the court for maintenance. Because when the wife remarries, her second husband will maintain her. In this, all the responsibility of the first husband ends.
• Divorce by mutual consent: Even when the husband and wife have been divorced by mutual consent, the husband has no responsibility to maintain his wife. On the contrary, if there is a unilateral divorce, the husband must provide maintenance to his wife.
• Leaving her husband without any reason and living somewhere else: When the wife leaves her husband's house and starts living somewhere else without any valid reason and fights, it will not be the husband's responsibility to provide maintenance.
• Illegal relation of wife: If the wife has an illicit relationship with someone, then she will not have the right to get maintenance from her.

Legal provisions related to maintenance:

• Section 24 Hindu Marriage Act 1955: The wife can apply for maintenance under section 24. Section 24 says that if the spouse does not have any independent source of income to support himself, then he can claim interim maintenance and compensation for the expenses incurred in this process.
• Section 25 Hindu Marriage Act 1955: Under section 25, the spouse can claim permanent maintenance if they cannot maintain themselves.
• Section 125 of CrPC: Maintenance provisions are given under section 125 of CrPC. Under this, the wife, child, or parents are entitled to take maintenance from their husband, father, and son. When any other livelihood means is unavailable to any parent or wife, they can apply for maintenance in court.

There are two types of maintenance in CrPC:

• Interim maintenance

Whenever an application for maintenance is made in the court and after that, if the matter is pending in the court, then during that time, the court orders interim maintenance. Because even during the pendency of the case, if he does not have any means of income for maintenance, he can apply for temporary maintenance.

• Permanent maintenance

The husband finally gives permanent maintenance to the wife after the divorce case is settled. In cases like divorce, permanent maintenance remains in effect until the party concerned (husband or wife) remarries or dies.

How much maintenance will be given to the wife?

It is not given in this Hindu Marriage Act and Code of Criminal Procedure. This will be decided on a case-by-case basis. It is up to the discretion of the courts. But the Supreme Court issued a guideline regarding this in November 2020, in which the income and assets of the parties concerned will be looked into before the court's decision and will be determined under this.

Does the earning wife also have the right to take maintenance?

• Case: Shailja and others vs Khobna 2018

The Supreme Court had given a significant order in this case. The court said that just because the wife earns and does a job does not mean she will not be given maintenance. Once married, it is the responsibility of a husband to maintain her, and he cannot escape from his duties and responsibilities. Therefore, the earning wife also has every right to take maintenance.

Are children born out of an illegal marriage also entitled to maintenance?

• Case: Bakulbai Vs Gangaram 1988

The Supreme Court made it clear in the case that even if the marriage is declared invalid for any reason, the child born out of it will be given maintenance under section 125 of CrPC.

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