MAINTENANCE AS A MEASURE OF SOCIAL JUSTICE -

A Comprehensive Study

Submitted by:-PARAS SEHGAL

Enrollment number:-02819103819

Submitted to:- Assistant Professor. KRITIKA AHUJA

Subject:- DRAFTING , PLEADING AND CONVINENCING

COURSE- BA LLB (09)

Centre for Legal Studies Gitarattan International Business School, Rohini Affiliated to Guru
Gobind Singh Indraprastha University, Delhi

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 TOPICS PAGE
NO.
WHAT IS A MAINTENANCE APPLICATION UNDER 3
SECTION 125?

GROUNDS TO CLAIM MAINTENANCE

WHAT SHOULD AN APPLICATION UNDER SECTION 4

125 OF CRPC INCLUDE?

RECENT GUIDELINES OF THE HON’BLE SUPREME 5-6

COURT AND JURISDICTION

POINTS TO BE INCLUDED IN AN INTERIM 7

APPLICATION

POINTS TO BE INCLUDED IN AN INTERIM 8-13

APPLICATION AND SAMPLE INTERIM MAINTENANCE
APPLICATION
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CONCLUSION

INDEX

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What is a maintenance application under section 125?

Maintenance law under section 125 of CrPC has been enacted as a

measure of social justice to provide financial assistance (maintenance) to
wife, children and parents, so as to prevent them from falling into
destitution. A maintenance application made under this section is
presented before the Magistrate, provided at such monthly rate as the
Magistrate deems fit. This further provides an option of an interim
application to be filed under its sub section 3 during the course of
proceeding.
This article attempts to explain various aspects pertaining to an application
for maintenance under section 125, in light of recent “Guidelines” framed
by the Hon’ble Supreme Court in the matter of Rajnesh v. Neha & Anr,
further discussing upon jurisdiction, grounds and interim application.

Grounds to claim maintenance

Following are the grounds to claim maintenance under Section 125 of
CrPC:-

 If she is divorced by her husband, or

 Obtained divorce from her husband, and
 She has not remarried, and
 She is not able to maintain herself.
What should an application under section 125 of CrPC include?

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An application made under this section is predicated upon two
conditions :-
1. Firstly, the fact that the respondent “neglects” to maintain his wife,
who is unable to maintain herself, accenting that the applicant is fully
dependent on the respondent as herself has no source of income. And,
2. Secondly, that the husband (respondent) has sufficient means to
provide maintenance. This could be underscored by enumerating the
respondent’s source(s) of income, assets and that he has no other
liabilities if in case.

Further, following are the points that shall also be made in the
application:-
That the applicant is legally married wife of the respondent: to claim
maintenance from the respondent it is pertinent to establish that the
applicant and the respondent are/ were a married couple, proof
establishing the same shall be attached therein including marriage
certificate, wedding Card etc, while not to be adhered meticulously.

As held in Chanmuniya v. Virendra Kumar Singh Kushwaha strict

evidence of marriage should not be a pre-condition for maintenance, since
the term ‘wife’ includes all such situations where a man and woman have
been living together as a husband and wife for a reasonable period of time.
The cause of non-maintainability of the marriage shall also be provided,
which encompasses cruelty, Demand/torture of wife for dowry, Impotency
of husband etc.
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Recent guidelines of the Hon’ble Supreme Court
Identifying various procedural lapses, uniformity and consistency in
disposal of matter involving maintenance application the Supreme court
laid various guidelines under Rajnesh v. Neha & Anr.
In relation to;
1) factors affecting the quantum of maintenance,
2) interim maintenance application,
3) the date from which maintenance has to be awarded and
4) Affidavit of Disclosure, among others.
Various factors affecting the quantum of maintenance which needs to be
mentioned to obtain a fair amount are as under; Parties’ ages and their
occupations; The period of the marriage should be taken into account
when calculating the amount of permanent maintenance to be paid; The
expense for upbringing of minor children; and Serious disorder or health
problems of a partner, child or children from a previous marriage, or a
dependent relative, which calls for recurrent treatment expenditure may
also be an important factor to consider when calculating maintenance.
These factors though not exhaustive, must be incorporated while drafting a
maintenance application . As stipulated under section 125 sub section 3,
Interim maintenance may be granted during the pendency of the main
maintenance petition. A reasoned order shall be passed within a period of
maximum four to six months.

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Whilst the concerned court has been conferred discretion to grant
maintenance either from the date of filling an application or from the date
of the order passed the supreme court held that it would be suitable to
grant maintenance from the date of filling an application in the interest of
justice and fair play.
A crucial segment of this guideline being an Affidavit of Disclosure to be
filled by both the parties in a maintenance suit as a mandatory
requirement, taking assistance of National legal Service Authority
(NALSA), a comprehensive format for the affidavit was formulated.
Hence, the court would be in a better position to make an objective
assessment of a reasonable approximation of the amount to be awarded for
maintenance in the interim stage. The said affidavit would disclose assets
and liabilities of the party. Given the diverse demographic profile of our
country encompassing rural, tribal, urban and metropolitan areas, three
distinct formats of such affidavit have been formulated as per the need
which has been attached as Enclosure I II and III in the said judgement.1
The recent guidelines formulated clears the ambiguity arounds various
subject matters of a maintenance application, tackles delayed order and
difference of opinion in High court orders. These guidelines would hence
aid in realizing the object of providing speedy remedy and a well-reasoned
judgement.
Jurisdiction

(https://main.sci.gov.in/supremecourt/2018/37875/37875_2018_39_1501_
24602_Judgement_04-Nov-2020.pdf)
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An application for maintenance will be lodged against any individual who
is liable to pay in any of the following Districts where;

He inhabits, or where he or his wife inhabits, or where he last resided with

his wife, or as the case may be, with the mother of the illegitimate child.
Points to be included in an Interim application
The interim application must include limited pleadings along with an
affidavit of discloser mandatorily. This application shall mainly attempt to
highlight the fact that, in the absence of the respondent’s assistance the
applicant is on the verge of penury, and since the disposal of main petition
under section 125 CrPC is likely to take time, the applicant would suffer
great hardship in meeting their day-to-day expenses.

Sample of Maintenance Application

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PETITION BY WIFE UNDER SECTION 125, CRPC FOR
MAINTENANCE
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, ______
MAINTENANCE PETITION NO. ______

IN THE MATTER OF:

Xyz, age: ____, W/o Abc, D/o _____,
Residing at __________

………………………. Petitioner
Versus
Abc, age: ______, S/o ____________,
Residing at ____________

……………………Respondent

APPLICATION FOR MONTHLY MAINTENANCE ALLOWANCES

FOR THE WIFE UNDER SECTION 125 OF CRIMINAL PROCEDURE
CODE, 1973
The above name petitioner respectfully shewoth as under:

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The Applicant is a legally married wife of the Respondent solemnized on
_______ according to Hindu rites, and custom. Both of whom cohabited
and lived as husband and wife for 5 years at ____________________.
Attached herein under as Annexure 1 and 2 are the Certified copy of the
extract from the concerned register and a copy of Wedding card.
That after initial few months of marriage the Respondent led a life of
drunkenness and habitual lewdness. The Respondent is a man of unusual
temperament and constantly lost all sense of decorum and used abusive
language.
That the Applicant was subjected to cruelty at the hands of respondent
without any provocations whatsoever, this made the petitioners life
miserable by constant abuse and immense torture mentally and physically.
That additionally the Respondent stopped maintaining and fulfilling basic
demand of the Applicant including house hold expense. Ultimately the
acts of Respondent leaving here with no other option, and compelled to
leave here matrimonial house on _________as mention above to her
paternal house.
The Petitioner Is in midst of a severe financial crisis and has become
totally bankrupt, unable to maintain herself and her parents. As the
Applicant doesn’t have any source of income neither does possess any
technical qualification to be employed.
That the Applicant along with his elderly parents have been subsisting on
meagre pension amount of 5,000 of his farther, who is chronically ill
having recurring medication expenses. The Applicant is in midst of a
severe financial crisis and has become totally bankrupt, unable to provide
herself nor her parents, and their survival is at stake. Further details of
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assets and liabilities of the Applicant are enlisted in the Affidavit of
discloser attached herein below marked as Encloser A.
That the Respondent is financially sound having multiple sources of
income primarily earning a handsome amount of 1,00,000 from his
telecommunication business and additionally from other sources. Having
enough resources, the Respondent has yet overlooked his responsibility to
provide for his lawfully wedded wife.
That the above relation between the parties have deteriorated to an extent
that there is no possibility of compromise between them.
It is, therefore, prayed that the Hon’ble Court may graciously be pleased:
a. To direct the said Respondent to pay a sum of ___________per
month to the said Petitioner as Monthly maintenance, or at such rate
as this Hon’ble court may deem fit;
b. Pending the hearing and final disposal of this petition, the
Respondent be directed to pay Rs. 10,000/- towards maintenance of
the said Petitioner from the date of application, as instant interim
relief;
c. To direct the respondent to also pay the said amount of _________in
lump sum towards the costs of this proceeding, so as to pay the
professional fees of the lawyer.
d. D. To pass such other and further reliefs as this Hon’ble Court may
deem fit and proper.
VERIFICATION
I, Xyz, wife of abc, aged __ years, Indian Inhabitant, Occupation –
Unemployed, residing at ______________, do solemnly affirm and
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declare that whatever is stated in the foregoing petition is true to the best
of my knowledge and belief.
Petitioner
Solemnly affirmed at _______
On this date ______________ Identified by
________.
Advocate for the Petitioner

Sample interim maintenance application

APPLICATION FOR INTERIM MAINTENANCE UNDER SECTION
125(3) CrPC
In the Court of Metropolitan Magistrate, ___________

IN THE MATTER OF:

Xyz, age: ____, W/o Abc, D/o
_____,
Residing at __________
………………………. Petitioner

Versus

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Abc, age: ______, S/o
____________,
Residing at ____________
……………………Respondent
Subject: Application under section 125 (3) of the code of Criminal
Procedure with the prayer to grant interim maintenance during the
pendency of the main petition

The ”b” name petitioner respectfully shewoth as under:

That the petitioner has lodged a petition under section 125 of the Code of
Criminal Procedure for the grant of maintenance in addition to the current
application before this learned court.
That the grounds enlisted in the main petition may kindly be read as part
and parcel of the present application, as they have not been reproduced in
order to avoid repetition.
That there is a prima facie case in favour of the petitioners and against the
respondent based on the grounds set forth in the main petition. And, if
interim maintenance is not granted the Applicant would face substantial
difficulty in meeting their day-to-day expenditures, as already mentioned
that the Applicant has become wholly dependent on her father’s meagre
pension.
That the Applicant having no independent source of income nor does she
posses any technical qualification to be employed while the Respondent
has sufficient source of income has not even cared to offer a single pie to
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the Applicant for her maintenance, as such the Respondent has breached
the obligatory marital duties and obligations to maintain the petitioners.
It Is, therefore, most respectfully prayed that the application be granted
and that the Respondent be ordered to pay the Applicant an amount of
Rs_______ /- as an interim maintenance from the date of filing of the
application till its decision on the merits.
The respondent be also directed to”pay litigation expenses of the present
petition to the petitioners.
Applicant.
Through Counsel.
(_____________)

Advocate.
VERIFICATION
I, Xyz, wife of abc, aged __ years, Indian Inhabitant, Occupation –
Unemployed, residing at ______________, do solemnly affirm and
declare that whatever is stated in the foregoing petition is true to the best
of my knowledge and belief.
Petitioner
Solemnly affirmed at _______
On this date ______________

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Identified by ________.
Advocate for the Applicant.

Conclusion
The object of the concerned section is not to award punishment but to
provide social justice, hence the content of such an application shall
primarily focus on emphasizing the state of the applicant and their need, as
specified in the aforesaid guidelines. These guidelines would ensure that
the process of granting maintenance is carried out in a streamline manner,
it would assist the concerned court in adjudicating the matter, and deciding
the quantum of maintenance. It is commendable that the Hon’ble Supreme
Court considered the vastly varied demographic structure of the country
while formulating the Affidavit of Disclosure.

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