Section 125 CrPC | Woman Married For One Day Is Entitled To Lifelong Maintenance From Husband “Without Divorce”

(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

(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 [* * *] [The words “not exceeding five hundred rupees in the whole” omitted by Act 50 of 2001, w.e.f. 24.9.2001.], 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.[Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct.

Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.] [Inserted by Act 50 of 2001, Section 2 (w.e.f. 24-9-2001).]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 re-married.

(2) [ Any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.] [Substituted by Act 50 of 2001, Section 2 (w.e.f. 24-9-2001).]

(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 [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] [Substituted by Act 50 of 2001, Section 2 for “allowance” (w.e.f. 24-9-2001).] 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 for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] [Substituted by Act 50 of 2001, Section 2 for “allowance” (w.e.f. 24-9-2001).] 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.

VOICE FOR MEN INDIA TAKE:

The above provisions were made in the year 1973, when a large part of the Indian women were not educated or not permitted to work and become financially independent. Over the decades, the situation has completely changed today, where women are excelling in every field, however, the grant of lifelong tax free maintenance to separated wives has resulted in legal loot of husbands.

This law is designed in such a way that a woman in India may be married for one single day, however, she is entitled to receive maintenance from her husband for life until she remarries or dies. Not just a separated woman, but even a divorced woman can come back knocking on the doors of justice seeking maintenance from her ex-husband.

All that a woman needs to inform court is that she is not working and does not have any financial means to support herself. The duration in marriage, her educational qualifications, a marriage with or without children, status of wife’s family even if they have good income, wife’s age and her potential to earn – all this becomes irrelevant and the husband is duty bound to pay monthly maintenance for life, without the woman consenting to divorce. 

At any point in time whenever a maintenance case is filed by the wife, it is her legal right to add as many allegations and accusations against her husband and his family., The law, by default, allows the payment of maintenance to such a woman, without allegations and counter allegations proven legally in the court of law. Thus, an accused husband is solely judged on his income and ends up paying for life without any outcome on the baseless allegations. There are few judgments not allowing maintenance to working women, but such cases are very rare and have never really become a precedent.

As per Rajnesh V. Neha 2020 Judgment, the Supreme Court has made it mandatory that such maintenance must be awarded to the woman from the date of her application, which means that a woman can be supported by her parental family to fight a frivolous case against her husband to extract a maximum sum, keep dragging the matter with endless adjournments to frustrate the husband, and after years of litigation, the husband will be ordered to pay maintenance from retrospective effect to the woman, without divorce. Most often, these figures run into lakhs and crores and become an asset building exercise by such freeloader women, who have zero contribution in the progress of husbands after separation.

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Prior to the year 2001, there was a cap of Rs 500/- per month to be awarded to a woman under Section 125 CrPC, who could not sustain herself. The cap of Rs 500/- per month was removed in September 2001, however, no new maximum amount was fixed for the same. Effectively, it empowered all separated women to file applications for maintenance demanding thousands / lakhs per month for life, without any onus on them for becoming independent or having an end date to such legal extortion of husbands.

The exception of not granting maintenance to wife living in adultery is a mere eye wash. At the outset, it is nearly impossible for the husbands to prove adultery by wife and the Courts reject private chats/photographs, etc. as invasion of her privacy. Over a period of time, Courts are even allowing lifelong maintenance to women living with other men, citing that this new relationship developed only post her separation. This means, a husband has to pay his estranged wife for life without divorce, while the wife and her (lesser earning/jobless) paramour feed on the hard earned fruits of the husband.

A man under Section 144 BNSS is also responsible to maintain his adult unmarried daughter for life (post marriage, her husband is solely responsible to maintain her). A tight slap to all equality champions! There are numerous cases where fully abled daughters between 30-50 years of age are also filing cases against their fathers, demanding huge sum per month — all in the name of being ‘the weaker sex – a woman’.

In 2023, Modi government had a golden chance to amend this draconian law while bringing in BNSS, however, regretfully, they have just copy pasted all sections for matrimonial offences word by word without any application of thought or modification. 

This leaves hard working (particularly middle class salaried men) to cough up a huge sum every month, while fully abled separated women are rewarded ‘for their sole achievement of marrying men with means.’

While most young males who are in the marriage market today, are unaware of these laws, but sadly, our neighbourhoods will soon be filled with one such case for sure in the coming years.

In the current scenario, men must be fully aware of matrimonial laws in India, particularly the Hindu Marriage Act, and take the plunge, only and only if they are ready to fall in line with wife’s demands or pay her maintenance for life without getting divorced or are prepared to give up seeing your own children yet pay for them all your life as a mere ATM.

There is really nothing like justice for Indian men fighting matrimonial battles. Despite perjury, forgery and frauds played by the wives, the Courts in almost every case, overlook these evidences, and proceed to reward women with money.

In the interest of saving our younger generation, please do share this article on whichever platform that you can to at least let the grooms have a truthful picture of marriage reality in India.

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Section 125 CrPC | Woman Married For One Day Is Entitled To Lifelong Maintenance From Husband "Without Divorce"

▪️Before 2001, cap was ₹500 pm
▪️Today, separated women are running legal extortion filing for thousands/lakhs pm w/o divorce#VoiceForMenhttps://t.co/lq7P8WZY2H

— Voice For Men India (@voiceformenind) August 26, 2024