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SUSHMA SHRIVASTAVA, S.S.JHA
Makarchand Gauli – Appellant
Versus
Leelabai Gauli – Respondent
Chapter IX of the CrPC (Sections 125, 126, 127, and 128) constitutes a complete code, encompassing procedure, entitlement, and disentitlement for maintenance claims. (!) [27000181550001][27000181550008]
No period of limitation is prescribed for filing an application for maintenance under Section 125 CrPC; the cause of action accrues daily upon neglect or refusal to maintain. (!) [27000181550005][27000181550006][27000181550009] (!)
An application under Section 125 cannot be dismissed solely on the ground of delay; delay does not constitute a bar unless grounds under Section 125(4) are established.[27000181550007][27000181550008][27000181550011][27000181550015] (!)
Section 125 CrPC is a measure of social justice aimed at preventing vagrancy and destitution, particularly protecting wives, children, and parents unable to maintain themselves; it falls within the constitutional framework supporting welfare for weaker sections.[27000181550010] (!)
Entitlement to maintenance requires proof of two elements: (i) the respondent has sufficient means and neglects or refuses to maintain, and (ii) the applicant (wife, child, or parent) is unable to maintain themselves. (!) (!) (!) (!) (!) [27000181550005][27000181550006][27000181550009]
A wife is disentitled under Section 125(4) only if living in adultery, refusing to live with husband without sufficient reason, or living separately by mutual consent; these are the exclusive statutory defenses. (!) (!) [27000181550008][27000181550011][27000181550015]
Applications cannot be rejected at the threshold due to delay; the court must adjudicate on merits, including ability to maintain and neglect, with interim maintenance possible pending final disposal. (!) (!) [27000181550014] (!)
Maintenance allowance is payable from the date of order or application (if so directed), and enforceable under Section 128, with no warrant issued unless application made within one year of due date. (!) (!) (!)
1. This revision is referred to the Larger Bench to determine the following question:
Whether on account of delay in filing the application for maintenance under Section 125 of the Code of Criminal Procedure, application is liable to be dismissed?
2. Right to get maintenance to wife, children and parents who are unable to maintain themselves is given under Chapter IX of the Code of Criminal Procedure (hereinafter referred to as 'the Code').
3. The controversy has arisen on account of conflicting judgments of this Court on this question. In the case of Kuntibai w/o Alakhram v. Alakhram s/o Jaggulal 1998 (2) MPLJ 635, it is held that the application on the ground of long delay in filing the application for maintenance is liable to be rejected. However, in this case this Court held that besides long delay in filing the application, it has been found by the Courts below that there was no justification for the wife to live separate from her husband and she had sufficient means to maintain herself. She has resources by way of agricultural income, which was sufficient to meet her needs and the application was rejected. However, relying upon the judgment of this Court in the case of A
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