Husband can not claim maintenance u/s 125 of CRPC from wife
It is rightly pointed out on behalf of the petitioner that the husband may, under certain circumstances, seek maintenance from his wife under sections 24 and 25 of the Hindu Marriage Act, 1955, but not under section 125 of the Code. On plain reading of section 125(1) of the Code, right to seek maintenance is available only to the persons named therein. That being an independent right, the respondent No. 1 in his capacity as the husband of the petitioner cannot maintain his claim for maintenance under section 125 of the Code.
12. When there is a legal bar to claim maintenace under section 125 of the Code by the husband against his wife, his application purported to be an applicationunder section 125 of the Code is certainly not maintainable under the Code. He may go to Civil Court for establishing his right to claim maintenance, but the Magistrate in exercising his power under section 125 of the Code cannot pass an order for maintenance in his favour. That means the Magistrate who entertains such an application from husband under section 125 of the Code is not competent to pass an order for maintenance.
Bombay High Court
Smt. Jayashri D/O Padmakar ... vs Vibhas S/O Kalyanrao Kulkarni And ... on 4 August, 1994
Equivalent citations: 1995 (2) BomCR 588, I (1995) DMC 5
