CrPC or Confusion?
crpc_bnss ailet intermediate mcq_debateKavi and I were studying together for AILET exams and this one question gave us jitters. CrPC, Section 125 says a wife can file for maintenance against her husband. Now, question is: if husband is mentally and physically ill, is wife still eligible to claim maintenance? My friend says no, Section 125 specifically mentions "deserted" or "not capable of maintaining herself", implying she needs to be in some way independent or self-sufficient. I say, it's open-ended, wife can still file if she can prove her husband is incapable of supporting her. But Kavi says that if husband is physically and mentally ill, then he is incapable of maintaining himself, hence wife doesn't qualify. Kavi thinks Section 125 is about husbands abandoning their duties, not about their health situation.
"Maine yeh article padha aur maine ismein confusion hi dikhayi di. CrPC aapke kheer mein cream nahi hai jo aapko automaticallu correct answer dega. Yeh to court ke case-to-case basis par depend karta hai. Har case ka apna laws aur procedures hote hain. Sirf CrPC ko follow na kar, case ki facts aur circumstances ko zaroor consider karna chahiye. Nhi to CrPC to uske baad confusion hi banega".