{"id":323820,"date":"2024-06-07T11:00:55","date_gmt":"2024-06-07T05:30:55","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=323820"},"modified":"2024-06-13T11:58:05","modified_gmt":"2024-06-13T06:28:05","slug":"able-bodied-husband-sustaining-himself-is-obligated-to-support-his-wife-s-125crpc-gauhc-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/06\/07\/able-bodied-husband-sustaining-himself-is-obligated-to-support-his-wife-s-125crpc-gauhc-legal-news\/","title":{"rendered":"[Section 125 CrPC] Able bodied husband who can support himself is obligated to support his wife: Gauhati High Court"},"content":{"rendered":"
\n

Gauhati High Court:<\/span> In a review petition filed under Sections 397\/401 read with Section 482<\/a> of the Criminal Procedure Code, 1973<\/a> (\u2019CrPC\u2019) against an impugned judgement of the Principal Judge, Family Court, Nalbari (\u2018the Trial Court\u2019), Malasri Nandi, J.<\/span>, held that where the husband is able to finally sustain himself, he is obligated to provide financial support to his wife as well.<\/p>\n

BACKGROUND<\/p>\n

The petitioner-husband and Respondent 2-wife were a married couple, however, their conjugal life sustained for a very short amount of time. Respondent 2 alleged that the petitioner used to torture her physically, mentally, and therefore, she was compelled to leave her matrimonial home and take shelter in her parental home. As such, she claimed maintenance under Section 125<\/a> of the CrPC<\/a>.<\/p>\n

After hearing the counsel for the parties, the trial court allowed the maintenance amounting to Rs. 2200\/- monthly, in favour of the respondent. Being highly aggrieved and dissatisfied with the decision, the petitioner filed a review petition.<\/p>\n

ISSUES BEFORE THE COURT<\/p>\n

    \n
  1. Whether the respondent is entitled for maintenance from the petitioner?<\/li>\n
  2. \n

    Whether the findings recorded by the Trial Court are perverse, warranting interference by this Court?<\/p>\n<\/li>\n<\/ol>\n

    DECISION & ANALYSIS<\/p>\n

    The Court perused the available evidence on record, and based on the testimony of the witnesses, observed that the petitioner used to torture her physically and mentally with constant demands to bring money from her home, as a result of which, the respondent had to fled to her house and take shelter in her parental home.<\/p>\n

    The Court opined that an order under Section 125<\/a> of the CrPC<\/a> could be passed if a person, despite having sufficient means neglects or refuses to maintain his wife and sometimes a plea is advanced by the husband that he does not have means to pay as he does not have a suitable job or business. The Court stated that these are all bald excuses and have no acceptability in law. The Court opined that if the husband is healthy, able bodied and in a position to support himself, he is under the legal obligation to support his wife.<\/p>\n

    The Supreme Court in, Shamima Farooqui v. Shahid Khan<\/span>, (2015) 5 SCC 705<\/a>, observed that a woman, who is constrained to leave her matrimonial home, cannot be compelled to become a destitute or a beggar and as long as the wife is held entitled to the grant of maintenance, it has to be adequate so that she can live with dignity as she would have lived in her matrimonial home. Placing reliance on the decision in, Laxmi Bai Patel v. Shyam Kumar Patel<\/span>, SLP(Crl.) No. 2825 of 2001, the Court held that the marriage between the parties is not disputed and it was also not in dispute that Respondent 2 had left the house of her husband on being harassed, therefore, the husband was duty bound to pay maintenance to the wife.<\/p>\n

    Consequently, the Court upheld the decision of the Trial Court and dismissed the review petition on the ground of being devoid of any merits.<\/p>\n

    [Mahim Ali v. State of Assam, 2024 SCC OnLine Gau 628<\/a>, decided on 30-05-2024<\/span>]<\/p>\n

    \n

    Advocates who appeared in this case :<\/p>\n

    For the Petitioner:<\/span> MD I H Khan<\/p>\n

    For the Respondents:<\/span> PP, Assam<\/p>\n

    Buy Code of Criminal Procedure, 1973 \u00a0HERE<\/a><\/h3>\n

    \"Code<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

    A fascicular reading of Sections 125(1) and 125(4) of the Criminal Procedure Code, 1973 clearly demonstrates that if husband wilfully and intentionally neglects to provide maintenance to his wife then she can approach before the court seeking maintenance.<\/p>\n","protected":false},"author":1,"featured_media":317943,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[2846,25464,2863,4021,12531,38238],"class_list":["post-323820","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-divorce","tag-gauhati-high-court","tag-maintenance","tag-marriage","tag-section-125-crpc","tag-social-justice"],"yoast_head":"\n[Section 125 CrPC] Able bodied husband sustaining himself is obligated to support his wife: Gauhati HC | SCC Times<\/title>\n<meta name=\"description\" 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The petitioner told the Court that she married the respondent by executing a\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":350607,"url":"https:\/\/www.scconline.com\/blog\/post\/2025\/06\/14\/gauhati-hc-grants-relief-woman-driven-out-matrimonial-home-due-to-childs-lighter-complexion\/","url_meta":{"origin":323820,"position":1},"title":"Gauhati HC grants relief to woman driven out of matrimonial home due to lighter complexion of child","author":"Sonali Ahuja","date":"June 14, 2025","format":false,"excerpt":"\u201cThe parties are dark complexioned people, but their child was fair complexioned. 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Muralidaran J., held that \u201cIf the husband is healthy, able-bodied and in a position to support himself, he is under the obligation to support his wife under Section 125 CrPC, for wife\u2019s right to receive maintenance under the Section, unless\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":196024,"url":"https:\/\/www.scconline.com\/blog\/post\/2018\/05\/15\/under-s-125-crpc-it-is-to-be-seen-whether-husband-neglected-the-wife-and-refused-to-maintain-her\/","url_meta":{"origin":323820,"position":3},"title":"Under Section 125 CrPC, it is to be seen whether husband neglected the wife and refused to maintain her","author":"Saba","date":"May 15, 2018","format":false,"excerpt":"Karnataka High Court: A Single Judge Bench comprising of K.N. Phaneendra, J., dismissed a petition preferred against the Order passed by the Family Judge whereby the petitioner (the husband) was directed to pay a sum of Rs. 10,000 p.m. to Respondent 1 (the daughter) and Rs. 5000 p.m. to Respondent\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":267639,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/05\/31\/can-a-husband-escape-from-his-liability-to-pay-maintenance-to-his-wife-by-signing-an-agreement-to-the-contrary-gauhati-high-court-section-125-crpc-law\/","url_meta":{"origin":323820,"position":4},"title":"Can a husband escape from his liability to pay maintenance to his wife by signing an agreement to the contrary? Gau HC throws light","author":"Bhumika Indulia","date":"May 31, 2022","format":false,"excerpt":"Gauhati High Court: While addressing a matter with regard to maintenance of wife, Rumi Kumari Phukan, J., expressed that, the statutory right of a wife of maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary. Petitioner has challenged the\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":266034,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/04\/28\/husband-with-sufficient-means-obligated-to-provide-maintenance-to-wife-and-children-delhi-high-court-section-125-crpc\/","url_meta":{"origin":323820,"position":5},"title":"[Section 125 CrPC] Husband with sufficient means, is obligated to maintain wife and children? Del HC answers in a maintenance matter","author":"Bhumika Indulia","date":"April 28, 2022","format":false,"excerpt":"Delhi High Court: In a maintenance matter, Subramonium Prasad, J., expressed that, if a husband has sufficient means, he is obligated to maintain his wife and children and not shirk away from his moral and familial responsibilities A petition was filed challenging the order wherein the Family Courts directed the\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/DelMaintenance.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/DelMaintenance.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/DelMaintenance.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/DelMaintenance.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/DelMaintenance.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/323820","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=323820"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/323820\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/317943"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=323820"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=323820"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=323820"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}