382 - How to file a Maintenance Case against your Husband?

Section 125 in The Code Of Criminal Procedure, 1973
125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.
(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.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

[sharathsimha]

Already false cases are on raise big time in India and this will further promote more of them. We should be teaching men how to get rid of false cases 🙏

[sdp]

Why maintenance is required for such women, who does not want to continue her marriage and deserts her husband for no good reasons, also depriving of the childrens from fathers love, there by displaying her selfish motives to be fulfilled, sooner or later child will learn from her to be selfish and will not learn compromise for other family memembers

[guruprasadbasavaraju]

There is considerable rise in the false cases, please don't advise women to file criminal case on men and get maintenance, instead ask them to live independently and earn on their own if they don't want to continue the marriage

[krishnapriya]

Sir, I have a question for a case filed in SC the case status shows tentative date(likely to be listed on) what does it mean does the hearing start on that date

[mnr]

Both not ready, for cross examination of PW.1 what is this meaning sir in civil land case

[syedali]

Hello sir I had a question related to specific relief act 1963forest route of specific performance of contract that Can I be a defendant in someone else's case?
For example
"A" file a suit of specific performance against "b" and "c " . Can I defendant in that case as " X" in this case.

[dumbojumbo]

Good afternoon sir i want to ask
What kind of contract to be made in this scenario
A agrees to pay B for the proceedings between B and C then in return A wants equal share in profit of B .

[creativekarnataka]

Namasthe Prasad Sir. I have a query... First resignation was taken(forced) . Later termination letter was issued. Resignation on 01.02.20 & termination on 10.02.20 | No enquiry or notice served nor notice pay. Can a company successfully defend in labour court that a employee has voluntarily resigned? (Termination letter is issued subsequently after resignation)

[lifehacksbyharshal]

your video might give rise to fake case

[rajeshalajangi]

Sir y did u stop expanining cpc sections till Section 46..Pls continue after it..Its very good

[reshmijadhav]

Thank you so much sir it helped me lot yhank you so much ❤

[yasasripriyatoursandvlogs]

Sir veelunama process antha video theesthe veelunama registration lekapoyina court lo nilabaduthunda?

[pavanmasampelly]

sir my name is pavan recent ga ssc gd notification release iendhi sir carona valla 2yrs postpone iendhi sir but age relaxation evvale sir ews candidates ki sir miru amaina help cheyagalguthara

[siddeswarreddy]

Sir, please suggest best law books to get ample amount of stuff ..w.r.t I.P.C AND Cr.p.c ... along with authors ..

[bhb]

Plz make a video on how to seek maintenance from wife

[sahashil]

Sir a person cheated by doing second registration of Land in 2010 . I am the second victim it has been 10 Years 9 months till now from the date of second registration . Recently i got to know about second registration sir. Now Can i book FIR on vendor under 420, 465, 464 ? Is there any problem with Limitation ACT (or) is there any time limitation for booking FIR ?

[INAYATHali]

After getting divorce can a women can ask for maintenance

[vejayanandch]

Sir
Can you please tell us frauds on Matrimony web sites in India???

[blessed]

Sir.. If husband is not paying maintenance... Can wife go and live in her matrimonial home where no one stays? They shifted to new house... Can wife go in old home and stay... ? Plz reply

[anandg]

Hello Sir
I want to meet you to discuss regarding my cheque bounce case
Can you provide ur point of contact?