Can wife who is Bank officer claim maintenance under S. 125 CRPC?

[Anonymous]

Can a wife who is working as an officer in Punjab National Bank and earning good amount of money (should be about 60,000 rupees per month) claim maintenance from husband under Section 125 of criminal procedure code? Here husband is working in Government and earning slightly more than wife.

[Dr. Ashok Dhamija]

Under Section 125 of the Cr.P.C., maintenance can be ordered to be paid to a wife, only if she is unable to maintain herself. If the wife is working in permanent job of an officer in a nationalised bank and is getting a good amount of Rs. 60,000 per month, then that clearly implies that she can maintain herself. Therefore, it may not be possible to get an order of maintenance in favour of the wife under Section 125 of Cr.P.C., more so, when you say that the husband is also earning almost the same amount.

However, if the children are living with the wife and there is substantial amount being spent on their upkeep and education, etc., then perhaps maintenance can de demanded by her in respect of such children. At least some contribution for the expenses of the children can be demanded from the husband in the form of maintenance of the children.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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