AI Overview...
Under Section 125 Definition of Wife Should be Considered for Maintenance
- Definition of 'Wife':
- The term 'wife' under Section 125 of the Criminal Procedure Code (Cr.P.C.) is broadly interpreted to include not only legally married women but also divorced women who have not remarried. Several cases, such as Badshah vs. Kuldeep and others, emphasize that divorced women can claim maintenance if they still fall within the extended definition of 'wife' [Mohammad Haneef
VS Anisa Khatoon -
Allahabad](https://supremetoday.ai/doc/judgement/02500038112), RANJIT KUMAR PANDEY VS SWAHA RANI PANDEY - Calcutta, Udhaya Sankar VS Uma Maheshwari - Madras, Bilal Ahmad Ganaie VS Sweety Rashid - Jammu and Kashmir.
-
Inclusion of Divorced Women:
-
The courts have clarified that even after divorce, women remain 'wives' for the purpose of claiming maintenance under Section 125, unless explicitly excluded by specific legal provisions or circumstances (e.g., annulment or remarriage). The definition encompasses women who are divorced but have not remarried, making them eligible for maintenance RANJIT KUMAR PANDEY VS SWAHA RANI PANDEY - Calcutta, Bilal Ahmad Ganaie VS Sweety Rashid - Jammu and Kashmir.
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Effect of Marriage Annulment and Divorce:
-
When a marriage is annulled under the Hindu Marriage Act, the status of 'wife' may be contested. However, if the annulment is not recognized as rendering the marriage void ab initio, or if the marriage is considered valid until annulled, the woman can still be considered a 'wife' for maintenance purposes. The courts have held that annulled marriages do not automatically disqualify women from claiming maintenance unless explicitly stated K. Sivarama Krishna Prasad VS K. Bharath - Crimes, K. Sivarama Krishna Prasad VS K. Bharati - Madras.
-
Legal Interpretations and Case Law:
- The interpretation of 'wife' is supported by case law, which emphasizes the welfare of the woman and the broad legislative intent behind Section 125 to provide maintenance to women who were married or in a marital-like relationship. Cases like Badshah and others have reinforced that divorced women, especially those who have not remarried, are entitled to maintenance [Mohammad Haneef
VS Anisa Khatoon -
Allahabad](https://supremetoday.ai/doc/judgement/02500038112), Udhaya Sankar VS Uma Maheshwari - Madras.
-
Related Legal Provisions:
- The Hindu Marriage Act, 1955, and the Muslim Women (Protection of Rights on Divorce) Act, 1986, also recognize the rights of divorced women to maintenance, aligning with the Cr.P.C. provisions. The definition of 'divorced woman' under these acts supports the view that such women remain eligible for maintenance under Section 125 Khatunbai @ Mehraj Bi VS Gani Khan - Madhya Pradesh.
Analysis and Conclusion
The definition of 'wife' under Section 125 Cr.P.C. is inclusive, extending to divorced women who have not remarried. Courts have consistently upheld that such women are entitled to maintenance, emphasizing the protective intent of the legislation. Annulment or divorce does not necessarily exclude women from claiming maintenance unless explicitly specified, and the broad interpretation aims to safeguard the welfare of women post-marriage. This inclusive approach ensures that women who are still within the marital or quasi-marital relationship or who have not remarried remain eligible for support under Section 125.
References:
- Mohammad Haneef
VS Anisa Khatoon
- Allahabad
- RANJIT KUMAR PANDEY VS SWAHA RANI PANDEY - Calcutta
- Udhaya Sankar VS Uma Maheshwari - Madras
- Bilal Ahmad Ganaie VS Sweety Rashid - Jammu and Kashmir
- K. Sivarama Krishna Prasad VS K. Bharath - Crimes
- K. Sivarama Krishna Prasad VS K. Bharati - Madras
- Khatunbai @ Mehraj Bi VS Gani Khan - Madhya Pradesh
Search Results for "Under Section 125 Definition of Wife should be Considered for Maintenance"
1975 0 Supreme(All) 308 • India - Allahabad
HARI SWARUP
a wife and entitled to maintenance under Section 125. ... Ratio Decidendi: The court interpreted the definition of wife in Section 125 and explanation (b) appended to it, concluding ... wife filed for maintenance under Section 125 of the Code of Criminal Procedure 1973, claiming that she was divorced and entitled ... On the basis of the definition of ....
1995 0 Supreme(All) 428 • India - Allahabad
C.A.RAHIM
The court also considered the definition of 'means' in Section 125(1) Cr. P. ... JURISDICTION - Maintenance under Section 125 Cr. P. ... Fact of the Case: The wife sought maintenance under Section 125 Cr. P. C. ... ... ( 1 ) THIS revision arises out of the judgment and order dated 4. 9. 1992 passed by the IV Additional chief Judicial Magistrate, Etawah in Case No. 262 of 1990 under Se....
• India - Crimes
RAMA RAO
Section 125(1) Explanation (b)-Wife 'not entitled to maintenance. ... Hindu Marriage Act, 1955, Section 12 -At wife's instances decree for annulment of marriage passed-Criminal Procedure Code, 1973 - ... The learned counsel for the respondent contends that by virtue of annulment of marriage under section 12 of the Hindu Marriage Act, the marriage cannot be considered as void and voidable only and therefore the petition for maintenance is sustainable ....
1979 0 Supreme(Cal) 298 • India - Calcutta
MONOJ KUMAR MUKHERJEE
was still considered a 'wife' under the extended definition in the CrPC, which includes divorced women who have not remarried. ... MAINTENANCE - HINDU MARRIAGE ACT, 1955 - SECTION 13 - CODE OF CRIMINAL PROCEDURE, 1973 - SECTION 125(2), 125(4), 125(5), 127(2 ... the maintenance order under Section 127(2) of the CrPC. ... Under Section 125 (5) of the Code the Magi....
2016 0 Supreme(Mad) 894 • India - Madras
P.N.PRAKASH
definition of 'wife' in the case of Badshah vs. ... Issues: The main issue was whether the first respondent could be considered a 'wife' under Section 125 Cr.P.C. and entitled ... Maintenance - Cohabitation - Interpretation of 'wife' under Section 125 Cr.P.C. - The court held that the petitioner, who had ... While so, the first respondent has filed an application under Section 125#HL_EN....
2008 0 Supreme(HP) 213 • India - Himachal Pradesh
V.K.AHUJA
Fact of the Case: The respondent filed a petition for maintenance under Section 125 Cr.P.C. against the petitioner, ... were considered. ... The petitioner's reliance on previous decisions regarding the definition of 'wife' and the respondent's alleged property ownership ... ... During the pendency of the petition, a petition under Section 125(1) Cr.PC. was filed by the respondent for grant of interim maintenance. ... A petition ....
1985 0 Supreme(Mad) 233 • India - Madras
RAMA RAO
Code of Criminal Procedure, 1973—Section 125(1)—Wife held not entitled for maintenance due to annulment of the marriage u/s 11 or ... The learned Counsel for the respondent contends that, by virtue of annulment of marriage under section 12 of the Hindu Marriage Act, the marriage cannot be considered as void and voidable only and therefore, the petition for maintenance is sustainable in view of the definition of ‘wife’ under #HL_STAR....
2002 0 Supreme(MP) 716 • India - Madhya Pradesh
S.L.KOCHAR
The court considered the definition of 'Divorced woman' in Section 2(a) of the Muslim Women (Protection of Rights on Divorce) Act ... wife's entitlement to maintenance under Section 125 of the Cr.PC. ... 125, Muslim Women (Protection of Rights on Divorce) Act, 1986] - The court discussed the definition of 'Divorced woman' in Section ... He further, submitted that since the applicant was divorced wife, she has no ri....
2023 0 Supreme(J&K) 643 • India - Jammu and Kashmir
MOHD. AKRAM CHOWDHARY
It also clarified that the definition of 'wife' under Section 125 includes divorced women, and that maintenance claims can be made ... emphasizing the need for the welfare of the wife and children, and the broad definition of 'wife' under Section 125, which includes ... MAINTENANCE - INTERIM MAINTENANCE UNDER CRIMINAL PROCEDURE CODE - Section 125#HL_EN....
• India - Crimes
S.PADMANABHAN
Criminal Procedure Code, 1973 - Section 127(1) - Maintenance enhanced by the Magistrate - Husband's revision dismissed -Section 482 ... Examination of materials on the record - No question of irregularity or illegality in the Sessions Judge's action – Effect - Respondent wife ... In revision, the Sessions Judge considered this contention and proceeded on the assumption that M.C. 77/83 could be treated as a fresh petition filed by the wife under section 125#H....
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