Section 125 CrPC: The Hidden Condition
family clat_pg intermediate trick_questionBhai, beware of the most common misconception when it comes to Section 125 CrPC! Most toppers and students think it's as simple as: "maintenance to be paid by husband to wife in case of separation/divorce" and start calculating the amount based on the wife's needs and lifestyle. BUT, they forget one crucial condition that can change everything! The court can order maintenance only IF the wife is unable to maintain herself despite reasonable means, which is usually determined by her employment status, education, and earning capacity.
For example, in the landmark case of Joseph v. State of Punjab (2004) 4 SCC 257, the court refused to grant maintenance to a wife who was employed and earning a decent income, citing that she was capable of maintaining herself. Most students, including me initially, thought, "but she's not earning enough!
"Main toh agree nahin karta. Aapke article mein Section 125 CrPC ke baare mein kuchh galti hogi. Kya aapne yeh sochha ki yeh section sirf apne pati ya patni ke liye hain? Section 125 woh hai jo apne bachchon ka support deta hai. Ismein pati patni ki shikayat nahi, bachchon ki madad hai.
"Arre yeh to sawal hai, Section 125 CrPC ka. Lekin main nahin manata ki ismein koi hidden condition hai. Is Section ke under, ek married woman apne husband se maintenance ka claim kar sakhti hai, agar vah poori tarah se apne aur apne bachchon ki dikhbali nahin kar rahi. Ismein to yeh condition to hai ki husband income se ek-third maintenance dene kaa zimmewar hai.