LawRato

Is there time limit to file for maintenance under section 125 of Crpc?


18-Dec-2023 (In Divorce Law)

My husband is putting an allegation on my character verbally as well as in written under the domestic violence Act. He has done this and then he is filing a case under Sec. 9. What should I do?

Additionally, please confirm if there is any limit for fixing the maintenance charges under section 125? If yes, please confirm the maximum amount. Or is there any procedure on which the court can fix the amount according to my husband's salary?

Answers (2)

Answer #1
140 votes

If your husband has done such character accusations and then is seeking conjugal rights under Sec 9, you can avail benefits of this discrepancy in your defence and place copies of the same in your defence. 

There is no fixed / maximum amount which can be granted as maintenance in a 125 Cr. P.C. proceedings and the maintenance is now subject to the salary, social status, lifestyle etc. of the husband and the wife.

Click here to find the best Divorce lawyer in your city.

Advocate Sudershani Ray

Adv. Sudershani Ray

LawRatoDelhi | 200+ Answers
Chat with Advocate Sudershani Ray Chat 

People also ask

How much is maintenance on Section 125 CRPC?

The standard of living for the individual concerned should be taken into consideration when determining the amount of maintenance. The amount of maintenance must be sufficient for the woman to be able to support herself, and not much less than the standard of living she had at her husbands place.

What is the maintenance of wife children and parents 125 to 128?

The Criminal Procedure Code provides for provisions regarding the maintenance of parents, spouses, and children. Every person has a fundamental and natural duty to support his wife, parents and children, as long as they cannot do so themselves.

What is the limitation of Section 125?

The first proviso of Section 125(3), which prescribes a limitation of one-year to recover arrears in maintenance, only applies to the procedure of recovery as per the terms of the subsection, by construing it to be a levied of fine. 07-Feb-2022

What is the case law on maintenance under section 125?

Mohammad Ahmed Khan V. The court decided that a Muslim woman who is single and unable to support her family using the dower received during divorce has the right, even after the Iddat time period, to ask for maintenance.

  
Answer #2
205 votes
Until the Amendment Act No. The magistrate had to award maintenance up to Rs. 500. The Magistrate can decide on the monthly rate based on the facts of the case.
Helpful? LawRato LawRato
Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
CONTACT NOW

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato