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True Colors of a Vile Wife

Tag: CrPC 125 or BNSS 144 – Order for Maintenance of Wives Children and Parents

Vinod Kumar Vs Seema Devi and Anr on 16 Mar 2026 – Judgement Summary

Posted on April 4 by Suprajaa Rajan

In Vinod Kumar Vs Seema Devi and Anr, the Delhi High Court examined whether the maintenance awarded by the Family Court under Section 125 CrPC (now Section 144 BNSS) required interference.

The petitioner (husband) challenged the maintenance granted to his wife and daughter, arguing that:

  • The wife lived separately without justification
  • She had rental income
  • His own income was wrongly assessed

However, the Court found that the wife had consistently alleged cruelty, which justified her separate residence. Moreover, the Court emphasized that an able-bodied husband cannot evade maintenance liability by understating income or taking voluntary retirement.

After analysing income, evidence, and legal principles, the Court upheld the Family Court’s order and dismissed the revision petition.

“9. It is well settled that the object of granting maintenance is to prevent vagrancy by compelling those who can provide support to those who are unable to support themselves and who have a moral claim to support.”

“10. Section 125 of the CrPC elucidates conditions under which a wife may be deemed ineligible for maintenance. These conditions include instances where the wife is engaged in adulterous activities, where she, without any justifiable cause, refuse to cohabit with her husband, or where both parties have agreed to live apart through mutual consent. These provisions delineate clear legal parameters that govern the entitlement or disentitlement of maintenance to ensure that the support is granted only under circumstances that warrant such financial assistance.”

“13. Merely because Respondent No.1 remained in possession of the matrimonial house, the same does not signify that the petitioner did not neglect to maintain the respondents. Even if the contention of the petitioner is taken as correct, the case of the respondents is not helmed on Respondent No.1 leaving the company of the petitioner due to neglect, so as to disentitle her from grant of maintenance. Rather, Respondent No.1 has made categorical allegations of cruelty, which is sufficient to satisfy the threshold of balance of probabilities.”

“18. It appears to be implausible that the petitioner would have taken retirement from his stable well-paying job without securing any other mode of income. As it is a normal tendency of the parties to not disclose their true income in matrimonial disputes, the Courts are permitted to make some guess work and arrive at a figure that a party may reasonably be earning.”

“19. The petitioner is a well- bodied man capable of earning, he cannot shirk his sacrosanct duty to financially support his wife and children by claiming that he has no income after retirement apart from his pension. The petitioner is thus obliged to earn and maintain his family, and the purported lower MSP prices for his land would thus not help his case.”

Decision

The Delhi High Court held that:

  • The maintenance awarded by the Family Court was justified and reasonable
  • The wife’s allegations of cruelty justified her separate residence
  • The husband’s claim of low income was not credible

Accordingly:

  • The Court refused to interfere with the maintenance order
  • The revision petition was dismissed
  • Maintenance (₹10,000 per month each after majority, with 10% increase every two years) was upheld

Vinod Kumar Vs Seema Devi and Anr on 16 Mar 2026

Citation :

Other Sources :


Index of Maintenance Judgements under Sec 125 CrPC is here.


Related Legal Concepts

  • Maintenance under Section 125 CrPC (Section 144 BNSS)
  • Cruelty as Ground for Separate Residence
  • Assessment of Income in Maintenance Cases
  • Doctrine of Social Justice in Family Law
  • Adverse Inference for Non-Disclosure of Income

 


Key Contributor :
Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.
+91-9606345150


 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents cruelty under IPC Matrimonial Criminal Law Matrimonial dispute Vinod Kumar Vs Seema Devi and Anr | Leave a comment

Anju Garg and Anr Vs Deepak Kumar Garg on 28 Sep 2022 – Judgement Summary

Posted on April 4 by Suprajaa Rajan

In Anju Garg and Anr Vs Deepak Kumar Garg, the Supreme Court of India examined whether a wife is entitled to maintenance under Section 125 CrPC (now Section 144 BNSS) despite adverse findings by lower courts.

The appellants (wife and son) challenged the denial of maintenance to the wife by the Family Court and the High Court. The Court observed that the husband not only neglected his duty but also made baseless allegations regarding the wife’s character, which justified her living separately.

Moreover, the Court emphasised that maintenance provisions serve a social justice function. Therefore, once neglect and inability to maintain oneself are established, courts must grant relief.

Accordingly, the Court set aside the erroneous findings of lower courts and granted maintenance to the wife.

“9. Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a woman who is required to leave the matrimonial home, so that some suitable arrangements could be made to enable her to sustain herself and the children.”

“10. It is the sacrosanct duty of the husband to provide financial support to the wife and to the minor children. The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute.”

“11. She had clearly stated as to how she was harassed and subjected to cruelty by the respondent, which had constrained her to leave the matrimonial home along with her children, and as to how the respondent had failed and neglected to maintain her and her children. She had also proved by producing the documentary evidence that her father had paid money to the respondent from time to time to help the respondent for his business. Even if the allegations of demand of dowry by the respondent were not believed, there was enough evidence to believe that money was being paid to the respondent by the father of the appellant-wife, which substantiated her allegation that the respondent was demanding money from her father and was subjecting her to  harassment.”

“13. The respondent being an able- bodied, he is obliged to earn by legitimate means and maintain his wife and the minor child. Having regard to the evidence of the appellant-wife before the Family Court, and having regard to the other evidence on record, the Court has no hesitation in holding that though the respondent had sufficient source of income and was able-bodied, had failed and neglected to maintain the appellants.”

Decision

The Supreme Court of India allowed the appeal and held that the wife was entitled to maintenance.

Accordingly:

  • The Court awarded ₹10,000 per month as maintenance to the wife.
  • This amount was in addition to ₹6,000 per month already granted to the son.
  • The maintenance was made payable from the date of filing of the petition.
  • The Court also directed the husband to clear arrears within 8 weeks.

Thus, the Court corrected the perverse findings of the Family Court and High Court and reinforced the protective intent of maintenance law.


Anju Garg and Anr Vs Deepak Kumar Garg on 28 Sep 2022

Citation :

Other Sources :


Index of Maintenance Judgements under Sec 125 CrPC is here.


Related Legal Concepts

Explore related stages and concepts in criminal procedure:

  • Maintenance under Section 125 CrPC (Section 144 BNSS)
  • Social Justice Jurisprudence in Family Law
  • Cruelty as Ground for Separate Residence
  • Burden of Proof in Maintenance Cases
  • Obligation of Able-Bodied Husband to Maintain Wife

 


Key Contributor : 

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150


Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Anju Garg and Anr Vs Deepak Kumar Garg BNSS Sec 144 - Order for maintenance of wives children and parents CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents | Leave a comment

Alagarsamy Vs Mangalasundari and Anr on 20 Nov 2025

Posted on January 3 by ShadesOfKnife

A single judge of Madras High Court at Madurai Bench held as follows,

From Para 16,

16. However, the learned Magistrate’s order is devoid of any specific reference to the section under which the warrant was issued. The expression “distress warrant” under Section 125(3) and “distraint warrant” under Section 128 have distinct connotations. The former is punitive, providing for imprisonment up to one month, per month of default, while the latter is civil-enforcement-oriented, meant to attach property to recover arrears. The confusion between the two renders the order susceptible to ambiguity.

From Para 20,

20. In the instant case, though the petitioner’s persistent default is established, the record does not show that the learned Magistrate considered or issued a bailable warrant before resorting to NBW. The impugned order also lacks any recorded satisfaction as to why the petitioner’s appearance could not be secured otherwise. That apart, the respondent wife herein had made the application for arrears of maintenance for a period of 22 months, which obviously would throw light on the fact that, the application has not been filed within a period of one year and hence, in an application filed beyond a period of one year, the learned Judicial Magistrate ought to have dealt with as mandated under Section 128 of Cr.P.C., 1973, and should have issued a distraint warrant and not a distress warrant.

From Para 22,

22. Hence, while the issuance of NBW without recording reasons is procedurally defective, the learned Magistrate’s power to enforce maintenance cannot be doubted. The proper course would have been to issue a bailable warrant first, or to issue a distraint warrant under Section 128 Cr.P.C., 1973, for attachment of property, before considering arrest.

From Para 28,

28. This case underscores the need for the learned Trial Courts to distinctly record under which provision warrants are issued, whether punitive under Section 125(3) or coercive under Section 128, and to follow the statutory sequence under Section 87 Cr.P.C., 1973, before resorting to non-bailable warrants.

Alagarsamy Vs Mangalasundari and Anr on 20 Nov 2025

Citations:

Other Sources:


Index of Maintenance judgments u/s 144 Cr.P.C. is here.

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Alagarsamy Vs Mangalasundari and Anr BNSS 72(2) - Recall of Arrest Warrant BNSS 90 - Issue Of Warrant In Lieu Of Or In Addition To Summons CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 421 - Warrant for levy of fine CrPC 87 - Issue Of Warrant In Lieu Of Or In Addition To Summons Follow CrPC 421 For Maintenance Recovery | Leave a comment

Arun R.Naik Vs Shwetha Arun Naik and Anr on 17 May 2021

Posted on October 6, 2025 by ShadesOfKnife

A single judge of Kerala High Court directed to set aside the enhancement of Maintenance amount at 10% annually.

From Para 3,

3. In the M.C, the 1st petitioner had adduced oral evidence as PW1 and marked Exts.A1 to A10 as documentary evidence. On the respondent’s side, oral evidence was adduced by him as RW1 and Exts.B1 to B11 were marked as documentary evidence. The Family Court has appreciated the above evidence and allowed the M.C granting monthly maintenance allowance at the rate of Rs.10,000/- to the 1st petitioner and Rs.7,000/- to the 2nd petitioner, from the date of the petition. The Family Court has also directed the respondent to pay a lumpsum of Rs.30,000/- at the beginning of every academic year before June 30th subject to enhancement at the rate of 10% yearly to the 2nd petitioner for her education with effect from the date of the petition.

From Para 16,

16. The Family Court has ordered the monthly maintenance allowance in favour of the 2nd petitioner as Rs.7,000/- and directed the respondent to pay the same and also an additional sum of Rs.30,000/- within June 30th of every academic year subject to 10% increase annually. The said direction undoubtedly is an unjustifiable one and will not sustain for the reason that the monthly maintenance allowance contemplated under Section 125 Cr.P.C will take within it’s sweep all genuine expenses of the child viz. expenses for education, food, shelter, medicine etc. and therefore, a court while fixing it shall take into account all possible and reasonable expenditures of a child. Therefore, if a lumpsum amount is fixed by the Family Court as payable, undoubtedly it would take care of all reasonable expenditures of the child. Moreover, the direction to pay Rs.30,000/- annually to the 2nd petitioner, in every academic year in addition to a lumpsum amount ordered as payable towards monthly maintenance allowance, is devoid of any basis.

From Para 17,

17. The Family Court has fixed the monthly maintenance allowance payable to the 2nd petitioner as Rs.7,000/- after duly considering the educational expenses also. Therefore the direction to pay Rs.30,000/- as additional sum only to meet the educational expenses is devoid of merits and liable to be set aside.

Finally,

In the result, both revisions are allowed in part. The monthly maintenance allowance stands ordered in favour of the 1st petitioner by the impugned order is modified and reduced to Rs.7,000/- and that to the 2nd petitioner is modified and enhanced to Rs.10,000/-. The direction to pay Rs.30,000/- before 30th June of every academic year subject to 10% enhancement annually is set aside.

Arun R.Naik Vs Shwetha Arun Naik and Anr on 17 May 2021

Index of Maintenance Judgments under Sec 144 BNSS is here.

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 1-Judge Bench Decision Arun R.Naik Vs Shwetha Arun Naik and Anr BNSS Sec 144 - Order for maintenance of wives children and parents CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents | Leave a comment

Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017

Posted on June 5, 2025 by ShadesOfKnife

A single Judge of AP High Court (Erstwhile Combined High Court for TS and AP) held that Evidence must not be taken via Affidavit as per Sec 126(2) CrPC in a Sec 125 CrPC case.

From Para 6,

6. Undoubtedly the proceedings before the court below are under section 125 Cr.P.C., though it is registered as FCOP the petition is only under section 125 Cr.P.C., and the procedure followed by the Judge is only under section 126 Cr.P.C. clause [2] the Court shall take evidence in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases; therefore, taking advantage of 126 [2] of Cr.P.C., the learned counsel for the petitioner contended that the affidavit of the respondent cannot be permitted to be taken as evidence, like summons cases, this question no more res integra. In V.D. Solomon’s case, supra-1, the learned single Judge after elaborately dealing with section 10 of the Family Courts Act and other provisions held that in maintenance cases the proceedings under section 125 Cr.P.C., the Court has to record the evidence as contemplated under section 126 [2] Cr.P.C., and affidavits cannot be received. In view of the law declared by this Court the procedure adopted by the Judge, Additional Family Court is irregular and contrary to law. This Court in exercise of the powers conferred under section 397 and 401 of Cr.P.C., can set aside the same. Accordingly, the order passed by the court below is set aside.

Gollamudi Ramesh Vs Modukuri Nagamani and Anr on 30 Aug 2017

Citations:

Other Sources:

https://www.casemine.com/judgement/in/5e96d23d4653d053645840b9

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=407102273000&Title=GOLLAMUDI-RAMESH-Vs.-MODUKURI-NAGAMANI—MODKURI-GETHA-NAGAMANI


Index of Maintenance Judges is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 126 - Evidence Via Affidavit Not Allowed CrPC 126 - Procedure Gollamudi Ramesh Vs Modukuri Nagamani and Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025

Posted on April 18, 2025 by ShadesOfKnife

A single bench judge of Calcutta High Court denied maintenance to deserter wife.

From Para 24,

24. During the cross-examination of the respondent wife in the Domestic Violence case, the respondent wife has stated that “On 31st January, 2015, I left matrimonial home and came to my parental home”. In the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, the respondent wife made out a case that on 3rd February, 2015, her husband and her in-laws have brutally tortured upon her. The Learned Magistrate as well as the Learned Appellate Court finds that as per the case of the wife, she left her matrimonial house on 31st January, 2015 and she never came back to her matrimonial home, how the petitioner and his parents cause torture upon the respondent wife.

From Para 29,

29. This Court finds that the respondent wife in the Domestic Violence case made out the case of torture by the petitioner on 3rd February, 2015 and in the application filed under Section 125 of the Cr.P.C. made out a case by making a bald allegation of torture other than the case made out in an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005. In the case of domestic violence, the respondent wife in support of her case had examined her mother as witness. The mother of the respondent wife in her statement has stated that “she came to depose as per direction of her daughter and her daughter asked her what to tell and her affidavit was prepared by her lawyer and she only put her signature”. She also stated that they provided with several things to her daughter on her reception but not on demand and after marriage there was no demand for dowry. The respondent wife cleverly not brings her mother as witness in the case filed under Section 125 of Cr.P.C.

From Para 30,

30. Husband is legally and morally bound to provide maintenance to his wife. The right of the wife to be maintained by the husband stems from the corresponding obligation to perform marital duty. Section 125 (1)(a) of Cr.PC (Section 144 (1) (a) of BNSS) provides maintenance to the wife who is unable to maintain herself. However, the right of the wife to claim maintenance from her husband, who has sufficient means, is not absolute. It is subject to sub-section (4) of Section 125 (Section 144 (4) of BNSS). A wife who chooses to live separately without sufficient reason is disentitled to maintenance under Section 125(4) of Cr.PC (Section 144 (4) of BNSS). It is crucial to assess whether the wife’s decision to live separately is based on valid grounds. If valid grounds, such as cruelty or desertion, exist, she may still claim maintenance despite living apart. In cases where the wife refuses to live with the husband without any just cause and there is no evidence of ill-treatment by the husband, the wife is not entitled to maintenance.

From Para 36,

36. The affidavit of assets and liabilities filed by the parties, this Court finds that both the parties have not disclosed their affidavit of assets and liabilities correctly and thus one party cannot take the benefit of the wrong committed by the other party when the both the party have committed wrong.

From Para 37, (When there is no neglect, it is wrong to sustain maintenance to minor child)

37. This Court has already held that the respondent wife is living separately since 31st January, 2015 without any sufficient reasons and there is no evidence to show that she was ill-treated by the petitioner, thus the order passed by the Learned Additional Principal Judge, Family Court, Calcutta in Misc Case No. 29 of 2016 dated 6th September, 2024 is set aside with respect to grant of maintenance of Rs. 7,000/- per month for the respondent wife. As regard the maintenance of the minor, this Court has not interfered with.

Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025

Index of Maintenance Judgements is here.


Analysis by Adv Talari Rajeswari

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife Saikat Das Vs State of West Bengal and Anr | Leave a comment

Sunita Kachwaha and Ors Vs Anil Kuchwaha on 28 Oct 2014

Posted on April 5, 2025 by ShadesOfKnife

A division bench of Apex Court held as follows,

From para 9,

9. Inability to maintain herself is the precondition for grant of maintenance to the wife. The wife must positively aver and prove that she is unable to maintain herself, in addition to the fact that her husband has sufficient means to maintain her and that he has neglected to maintain her. In her evidence, the appellant wife has stated that only due to help of her retired parents and brothers, she is able to maintain herself and her daughters. Where the wife states that she has great hardships in maintaining herself and the daughters, while her husband’s economic condition is quite good, the wife would be entitled to maintenance.

Sunita Kachwaha and Ors Vs Anil Kuchwaha on 28 Oct 2014

Citations: [AIR 2015 SUPREME COURT 554]

Other Sources:

https://indiankanoon.org/doc/3786357/

https://www.casemine.com/judgement/in/5609af48e4b01497114160aa


Index of Maintenance Judgments under 144 BNSS is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision BNSS Sec 144 - Order for maintenance of wives children and parents CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC Sec 125 or BNSS Sec 144 - Interim Maintenance Granted Landmark Case Legal Procedure Explained - Interpretation of Statutes Non-Reportable Judgement or Order Sunita Kachwaha and Ors Vs Anil Kuchwaha | Leave a comment

Ivan Rathinam Vs Milan Joseph on 28 Jan 2025

Posted on January 30, 2025 by ShadesOfKnife

A division bench of Apex Court held that,

From Para 45,

45. Despite concurrent findings of three courts as to the legitimacy of the Respondent, he and his mother maintain and proclaim to the world that the Appellant is his biological father. It must be underscored that theAppellant has maintained a consistent stance across all fora that he never had sexual relations with the Respondent’s mother. In fact, the dispute was assumed to have been put to rest in 2011, providing some relief to the Appellant, only to be reopened in 2015, once again making him face the brunt of the allegations. This constant pendulum-like state of affairs and unsubstantiated allegations must have, undoubtedly, had an adverse effect on the Appellant’s quality of life. In this backdrop, an order necessitating a DNA test based on mere allegations of adultery, would ultimately violate the Appellant’s right to dignity and privacy.

From Paras 69 and 70,

69. This convoluted case, spanning over two decades, has no doubt taken its toll on the parties involved and other relevant stakeholders. Given these
extenuating circumstances, at this stage, it must be closed for all intents and purposes.
70. Accordingly, we deem it appropriate to allow this appeal and set aside the Impugned Judgment of the High Court dated 21.05.2018 and of the
Family Court dated 09.11.2015, with the following directions and conclusions:
i. Legitimacy determines paternity under Section 112 of the Indian Evidence Act, 1872, until the presumption is successfully rebutted by proving ‘non-access’;
ii. The Munsiff Court and the Sub-Judge Court possessed jurisdiction to entertain the Original Suit, which dealt with the question of the legitimacy of the Respondent;
iii. The Family Court, Alappuzha erred in reopening the Maintenance Petition when the self-imposed condition was not satisfied;
iv. The impugned proceedings, initiated by the Respondent, are barred by the principle of res judicata;
v. The proceedings in MC No. No. 224/2007 before the Family Court, Alappuzha stand quashed;
vi. Any claim by the Respondent based upon the perceived relationship of paternity qua the Appellant, stands negated; and
vii. The Respondent is presumed to be the legitimate son of Mr. Raju Kurian.

Ivan Rathinam Vs Milan Joseph on 28 Jan 2025

Impugned Judgment:

https://www.casemine.com/judgement/in/5e977c0b4653d048ca2bb2dc

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court CrPC 125 or BNSS 144 - Maintenance Denied CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 125 or BNSS 144 - Women Whose Earlier Marriage Subsists Not Entitled To Maintenance Ivan Rathinam Vs Milan Joseph Misuse of Women-Centric Laws Reportable Judgement or Order | Leave a comment

BNSS Sec 144 – Order for maintenance of wives, children and parents

Posted on June 8, 2024 by ShadesOfKnife

144. Order for maintenance of wives, children and parents:-
(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 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 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 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 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.
Explanation.—For the purposes of this Chapter, “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Any such allowance for the maintenance or interim maintenance and expenses of 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.
(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, 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, 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.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.


Note:
Major difference between this section and Sec 125 CrPC is that, All traces of the word ‘minor‘ including the definition given for this word under Explanation of Sec 125(1) CrPC are removed in BNSS Sec 144 leading to the consequence that, now a major child also can claim maintenance, if he/she/it is unable to maintain themselves.


BNSS Sec 145 is here.


Entire Sanhita available here.


Maintenance Judgments under Section 125 CrPC [Section 144 BNSS] are here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS Sec 144 - Order for maintenance of wives children and parents CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents Enhancement in BNSS 2023 over CrPC 1973 | Leave a comment

M.Chinna Karuppasamy Vs Kanimozhi on 16 Jul 2015

Posted on May 11, 2024 by ShadesOfKnife

A single judge of Madras High Court at Madurai Bench, held as follows,

From Paras 22 and 23,

22. In view of Section 41 of the Indian Evidence Act, 1872, if once the decree for divorce is granted on the ground of adultery, such finding is relevant for deciding the issue of adultery in the present case. This Court cannot sit in an appeal over the said decree for divorce granted by the Civil court, when the same has not been challenged by the aggrieved party. There can be no difference between a decree on contest and an ex-parte decree, since, like a decree on contest, an ex-parte decree is also a decree passed on proof of the claim made by means of sufficient evidence. It is well known that though simply because the defendant has remained ex-parte, the Court shall not grant decree, unless the claim made in the plaint is proved, by means of evidence either oral or documentary or both. In the case on hand, therefore, there can be no doubt that the decree for divorce granted by the Civil court in favour of the petitioner is sufficient proof that the respondent was living in adultery. When once such a decree is in force, it is not possible for this Court to take a different view contrary to the decree granted by the Civil court. Therefore, I hold that besides, oral evidence let in, in this case, the decree granted by the Family Court clearly goes to prove that the respondent is living in adultery and thus, she suffers from the disqualification to claim maintenance from the petitioner.
23. In view of the foregoing discussion, I hold that the learned Principal Sessions Judge was not right in reversing the order of the Trial Court and therefore, the order of the learned Principal Sessions Judge impugned in this Criminal Revision Case is liable to be set aside.

M.Chinna Karuppasamy Vs Kanimozhi on 16 Jul 2015

Index of Maintenance judgements u/s 125 CrPC is here.

Tagged 1-Judge Bench Decision Civil Courts Decisions Binding Criminal Courts CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife M.Chinna Karuppasamy Vs Kanimozhi | Leave a comment

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shree_2_2 श्री @shree_2_2 ·
21 Jun

He spoke on behalf of all nationalists loved this side of Anand sir😅😅😅

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shoneekapoor ShoneeKapoor @shoneekapoor ·
20 Jun

Judge Calls Wife’s Beating “Blessing”? Gender Reverse Karke Dekho

A husband tells the court that his wife beats him. In a viral clip from Gwalior Bench proceedings, the judge is heard saying:

“Husband who gets beaten up by his wife is a lucky man. That beating is a blessing.

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