Maintenance CrPC 125 Judgement 2023 | New Law on Maintenance | Legal Gurukul

Maintenance CrPC 125 Judgement 2023 | New Law on Maintenance | Legal Gurukul
The Allahabad High Court, in a recent judgment, emphasized the right of a wife to claim maintenance under Section 125 of the Criminal Procedure Code (Cr.PC.) when there is a change in circumstances. Allahabad High Court held that if a wife, previously able to maintain themselves, loses resources due to changed circumstances, then wife can apply for maintenance. The court highlighted that the liability to maintain under Section 125 Cr.PC. is continuous, and a fresh right to claim maintenance may accrue to wife with changing circumstances.
The judgment came in response to a writ petition where a wife sought maintenance from her husband, citing changes in circumstances. The initial application for maintenance of wife in 1995 was dismissed, but she filed a second application, which was granted in 2004, leading to an appeal by the husband. The High Court noted that the husband's challenge, based on technical grounds, was filed under Article 226 instead of Article 227 of the Constitution of India. The court, considering the purpose of Section 125 Cr.PC., which aims to prevent vagrancy and destitution, refused to interfere with the lower court's order, dismissing the husband's plea. The judgment underscores the right to claim maintenance under changed circumstances and discourages technical objections to legal proceedings.
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Judgement Link
Shyam Bahadur vs State of UP 2023 Maintenance Case under section 125 crpc
drive.google.c...
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