CrPC S 125 - When does a wife get maintenance?
crpc_bnss clat_pg intermediate pyq_discussionOkay so this question was from CLAT PG a few years back. They asked, "X is the husband of Y. The wife files a CrPC S 125 petition against him. The husband is not employed, but the wife is living separately from him. He says - I'll start earning and take care of her. She gets an allowance of Rs 50,000 from her father. Her father also pays her rent of Rs 5,000. So is the husband liable to pay her maintenance?" I got stuck on this - it's like, does he need to pay or not?
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Beta, don't worry, it's a common issue. CrPC S 125 says a wife can get maintenance if she's not earning enough to meet her basic needs, and her husband has sufficient means to provide for her. It's not just about being a homemaker, but also about her contribution to the family. Courts consider various factors, so it's best to consult a lawyer for specific guidance.