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Can Husband Claim Maintenance from Wife under 125 CrPC?

Can Husband Claim Maintenance from Wife under 125 CrPC: In an era in which gender roles have been shifting, the issue of maintenance claims of husbands and their wives in Section 125 of the Code of Criminal Procedure (CrPC) is gaining traction. This article explores the details of this legal statute. It examines the criteria for eligibility, elements impacting claims, and the legal precedents that have been established, as well as modern marriages.

Understanding Section 125 of CrPC

Section 125 in the CrPC is a legal law that permits individuals, such as wives and husbands, to receive maintenance of their partner. Its primary goal is to provide financial aid for those unable to provide for their own needs.

Maintenance Rights Under Section 125

This provision grants the right to maintain many individuals, such as spouses, children, and parents. The purpose of this section is to ensure everyone, including parents and women, is provided with financial assistance.

Eligibility Criteria for Maintenance

For a claim to be considered maintenance, one has to prove the fact that they cannot keep themselves afloat and that they have enough money to assist. Eligibility determination is the most important aspect when submitting a maintenance claim.

Is it possible for a husband to claim maintenance from his wife?

A husband can get support from his wife as per Section 125 of the CrPC. The provision does not have a gender-specific meaning; however, it is available to both husbands and wives. However, some conditions and issues come into play.

Factors Affecting Husband’s Claim

Factors Affecting Husband's Claim
Can Husband Claim Maintenance from Wife under 125 CrPC

To claim the maintenance of his wife, it is necessary to prove that he cannot sustain himself. Examples of this include unemployment, mental or physical incapacity, or another plausible reason that can support this claim. The court will consider these elements carefully before arriving at an announcement.

Legal Precedents

Numerous legal precedents have confirmed the husband’s rights to demand support from his wife if it is possible to meet eligibility requirements and can prove that he cannot provide for his financial needs.

Challenges Faced by Husbands

Even with the provision in law for husbands, they often have difficulties in claiming the maintenance of their wives. Stereotypes and expectations from society can affect court decisions. Therefore, it is vital to show convincing evidence of the necessity for assistance.

The Role of Mutual Consent

In certain situations, couples can agree to maintain their relationship without any intervention from the court. A mutually agreed-upon agreement could streamline the process and reduce the time and money spent on legal fees.

Also Read: What is Charge in CRPC

How to File for Maintenance

For claiming maintenance, a spouse has to submit a petition to Section 125 CrPC. The petition must state the grounds for asking for support and provide documentation to prove the claims.

The Court’s Decision

The court will consider the facts and evidence presented by the parties before making an informed decision regarding the maintenance demand. Financial fairness, as well as the financial status of the spouses, are taken into consideration.

Frequently Asked Questions

1. Do you have a particular justification for men to seek maintenance from wives by Section 125 of the CrPC?

Not really. The reasons for this can be different. However, it’s essential for proving the inability to provide for oneself financially.

2. What proof is needed for the husband to request support from the wife?

The evidence could include financial records as well as employment information, along with the other elements that contribute to the necessity of maintenance.

3. How long will the maintenance court procedure demands typically take?

It is possible to vary the length of time. However, it usually requires multiple court appearances and can take a few months.

4. Is it possible for a husband to be entitled to maintenance even if he is employed and earns less than his partner?

Yes, as long as he can demonstrate that his earnings are inadequate to support his primary necessities.

5. Does mutual consent constitute a standard option for husbands who want to get the maintenance of their wives?

This could be a beneficial and more peaceful method; however, it is contingent on the desire of both parties to agree to the terms.


The ability for a husband to seek support from his wife, as per Section 12 of the CrPC, is an essential legal obligation that provides an income for people struggling. Though it’s an option choice, you need to satisfy the criteria for eligibility and present evidence that can justify the claims.

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