125. Order for maintenance of wives, children and parents.
(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself,
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(4) No wife shall be entitled to receive an 4allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, if 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.
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1. The words "not exceeding five hundred rupees in the whole" omitted by Act 50 of 2001, sec.2 (w.e.f. 24-9-2001).
2. Ins. by Act 50 of 2001, sec.2 (w.e.f. 24-9-2001).
3. Subs. By Act 50 of 2001, sec 2, for sub-section (2) (w.e.f. 24-9-200).
4. Subs. By Act 50 of 2001, sec 2, for "allowance" (w.e.f. 24-9-200).
STATE AMENDMENTS
Madhya Pradesh:
In section 125, in sub-section (1), for the words "five hundred rupees" the words m' "three thousand rupees" shall be substituted.
[Vide M.P. (Act 10 of 1998), sec. 3 (w.e.f. 29-54998)] [Ed. This amendment has been I made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 W (Central Act 50 of 2001) whereby the words "not exceeding five hundred rupees in the I whole" have been omitted by sec. 2 (w.e.f. 24-9-2001)].
Maharashtra:
In section 125,-
(a) in sub-section (1),-
(i) for the words "not exceeding five hundred rupees" the words "not I exceeding fifteen hundred rupees" shall be substituted;
(ii) before the existing proviso, the following proviso shall be inserted, namely:-
Provided that, the Magistrate on an application or submission being made, supported by an affidavit by the person who has applied for the maintenance under this sub-section, for payment of interim maintenance, on being satisfied that, there is a prima facie ground for making such order, may direct the person against whom the application for maintenance has been made, to pay a reasonable amount by way of interim maintenance to the applicant, pending the final disposal of the maintenance application:
Provided further that, such order for payment of interim maintenance may, in an appropriate case, also be made by the Magistrate ex parte, pending service of notice of the application, subject, however, to the condition that such an order shall be liable to be modified or even cancelled after the respondent is heard in the matter:
Provided also that, subject to the ceiling laid down under this sub-section, the amount of interim maintenance shall, as far as practicable, be not less than thirty per cent of the monthly income of the respondent.";
(iii) in the existing proviso, for the words "Provided that" the words
"Provided also that" shall be substituted;
(b) after sub-section (2), the following sub-section shall be inserted, namely:-
(2A) Notwithstanding anything otherwise contained in sub-sections (1) and (2), where an application is made by the wife under clause (a) of sub-section (1) for the maintenance allowance, the applicant may also seek relief that the order may be made for the payment of maintenance allowance in lump-sum in lieu of the payment of monthly maintenance allowance, and the Magistrate may, after taking into consideration all the circumstances obtaining in the case including the factors like the age, physical condition, economic conditions and other liabilities and commitments of both the parties, pass an order that the respondent shall pay the maintenance allowance in lump-sum in lieu of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or for such period which may exceed five years, as may be mutually agreed to, by the parties.";
(c) in sub-section (3),-
(i) after the words "so ordered" the words, brackets, figures and letter "either under sub-section (1) or sub-section (2A), as the case may be," shall be inserted;
(ii) after the words "each month's allowance" the words "or, as the case may be, the lump-sum allowance to be paid in lieu of the monthly allowance" shall be inserted.
[Vide Maharashtra Act, 21 of 1999 sec. 2 (w.e.f. 20-4-1999)] [Ed. These amendments have been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) sec. 2 (w.e.f. 24-9-2001)].
from above wordings of the bare act can we conclude that there is a max limit of Rs. 500 pm. initially and later on various states changed like M.P Rs.3000 and Maharashtra Rs.1500 pm.
Further i want to know that which states rule will be applicable as i am from M.P and my wife from Maharashtra.
if she files case from her state can we argue for applicability of M.p state,s ammendments as i work in M.P and lives in M.P and her matrimonial home is in M.P
My wife is qualified and was doing job befor marriage and was doing job after marriage but in unorganised sector (as freelancer), i am sure that she is continuing her work even now as she was the major earning member of her family before marriage and now also she cant sit idle i know her mentality but how to prove this to the full satisfaction of the court.
Kindly guide me in this direction how to prepare for this case, how to use the wordings in my favour.
thanks in advance
regards
victim
