125 Crpc is  special proceedings envisaged under the criminal procedure code for awarding maintenance to wife, old parents and children, ours is a social welfare society, taking care of women, children and old parents is the values which we are getting from vedic times. However the legal mode to execute this is under 125 Crpc.

Under 125 Crpc an application  can be made to family courts in court of district judge,however there is no provision of getting maintenance pending application, but an interim application can be moved in order to get pedente lite, means maintenance under litigation.

some women misuse this provisions here are some important judgments to help men.

however women also don’t get maintenance on time sometimes from men this means its a violation of human rights as held by supreme court.

125 crpc is also for divorced women and there is no limitation period for the application under 125 crpc.

The burden of proof is on the husband and he has to discharge this and there are bargaining tools to reduce maintenance amount.

The order of interim maintenance is not a interlocutory order and is revised held by punjab haryana high court.

So there is a law to protect men from misuse of the law and also to protect women

125 crpc is so strong that it is applicable even if there is an agreement between wife and husband that wife will not take maintenance as such agreement is against public policy.

By-Nitish Banka

B.E LLB(HONS)

9891549997

Nitish Banka

Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997