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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
158 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.

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People also ask

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.

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

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.

  
Answer #2
120 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.
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Advocate Chikirsha Mohanty

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