Section 125 CrPC: Can males claim maintenance?

Maintenance laws play a crucial role in providing financial assistance and ensuring social welfare for individuals who are unable to sustain themselves. In India, these laws are designed to protect the rights of vulnerable individuals, such as wives, children, and parents, and provide them with the necessary means to meet their basic needs. However, do men in India fall into that category of vulnerable individuals? Let's delve into a thought-provoking blog. 

Overview of Maintenance Laws in India

• Maintenance laws in India are governed by various acts, including the Code of Criminal Procedure (CrPC), 1973; the Hindu Adoption and Maintenance Act, 1956, the Hindu Marriage Act, 1955; and the Protection of Women from Domestic Violence Act, 2005.

• These laws ensure adequate financial support for individuals dependent on others, irrespective of their gender or age.

• Indian courts have recognized the right of maintenance for working women, allowing estranged wives to claim support even if their income is insufficient for self-maintenance.

• Hindu law provisions specifically aim to protect the rights and entitlements of Hindu wives, daughters, and mothers.

• These laws reflect a commitment to ensuring the well-being and rights of individuals dependent on others without gender biases.

Maintenance for Hindu Females

General Provisions for Maintenance of Hindu Females:

• Code of Criminal Procedure, 1973: Section 125 of this code allows a wife, including a Hindu wife, to claim maintenance from her husband if he neglects or refuses to maintain her.

Decoding Section 125 CrPC: Right to claim Maintenance

1. Section 125 of the Code of Criminal Procedure (CrPC) is a provision that focuses on providing maintenance to certain categories of individuals who are unable to maintain themselves. 

2. It establishes the legal obligation of individuals, including husbands, fathers, and children, to provide financial support to their dependents who are in need. The primary objective of Section 125 is to ensure the welfare and well-being of individuals who are unable to sustain themselves due to various circumstances.

3. Any wife under Section 125 (1) (a) can claim maintenance as per this section

4. A child who is still a minor according to the Indian Majority Act, 1875 under Section 125(1)(b)can also claim maintenance

5. According to Section 125 (1) (d), if a mother or father cannot support themselves, they are entitled to claim maintenance from their children.

6. Section 125(3) deals with the determination of Maintenance amount depending upon various factors that is to be considered by the Magistrate concerned.

• Hindu Marriage Act, 1955: Under this act, Section 24 provides for interim maintenance to be paid by either spouse during the pendency of a divorce proceeding. Section 25 deals with permanent alimony and maintenance, which the court can award at the time of granting a decree of divorce.

• Hindu Adoptions and Maintenance Act, 1956, governs the rights and entitlements of maintenance for Hindu females. Section 18 of this act states that a Hindu wife is entitled to be maintained by her husband during their marriage.

• The Personal Laws (Amendment) Act, 2019: This act made several amendments to various personal laws in India, including the Hindu Adoptions and Maintenance Act. It removed the gender-specific language and made maintenance provisions applicable to both spouses, regardless of their gender.

• Special Marriage Act, 1954: Section 36 of this secular legislation, applicable to all persons who solemnise their marriage in India, it provides that a wife is entitled to claim maintenance if she does not possess the financial capability to support her and for legal expenses. The maintenance may also be granted weekly or monthly during the pendency of the matrimonial proceedings, and the court shall decide the quantum of maintenance. Section 37 deals with the grant of permanent alimony at the time of passing of the decree or subsequent thereto. Permanent alimony is the consolidated payment made by the husband to the wife towards her maintenance for life.

• The Domestic Violence Act of 2005 in India is another crucial legislation that offers vital protection and support to women who face domestic violence. Sections 17 and 19 of the Act grant women the powerful entitlement to claim residence in a "shared household," regardless of their legal ownership or interest in the property. This provision ensures that women experiencing domestic violence have the right to a safe and secure living environment, prioritizing their well-being and rights. By providing this essential support, the Act aims to address the challenges faced by aggrieved women and offer them the necessary legal protection and assistance they deserve.

Difference between maintenance under HMA and HAMA

Special Circumstances: Maintenance for Hindu Males

Men are often seen at the gates of justice empty-handed because of women-centric laws in India. Although as per Section 24 of the Hindu Marriage Act is classified as gender neutral when it comes to granting of maintenance during the pendency of the divorce petition, it is subjected to some conditions, and the man should be "Deserving Man" in order to claim maintenance which is ultimately upon the courts to decide.

The Following are the conditions mandated by law to be fulfilled to fall in the "Deserving Man."

1. Earning Potential 

2. Test of Reasonableness

3. Wife's earning capability

4. Status of Husband and Wife

Recently, The High Court of Karnataka in January 2023 rejected a man's plea for ₹2 lakh maintenance from his wife due to job loss caused by COVID-19. The court stated that losing a job during the pandemic does not make him incapable of earning. Justice M. Nagaprasanna dismissed the appeal. The husband was ordered to pay ₹10,000 per month as maintenance. The court emphasised that able-bodied husbands must earn legitimately to support their wives and children. 

Landmark Cases on Maintenance u/s. 125 CrPC

• In the case of Mohd. Ahmed Khan v. Shah Bano Begum (1985): Rights of Muslim divorcee's right to claim maintenance under Section 125 of the Code of Criminal Procedure was recognised. Although this case was related to Muslim law, it also impacted maintenance laws for Hindu females.

• In the case of Savitaben Somabhai Bhatiya v. State of Gujarat (2005): The Supreme Court of India clarified that a Hindu wife under Section 125 of Code of Criminal Procedure is entitled to claim maintenance, even if she is living separately from her husband without obtaining a divorce.

• In the case of Shiv Kumar Yadav v. Smt. Santoshi Yadav (2004), the husband, Shiv Kumar, filed a revision petition after his wife left their matrimonial home due to alleged harassment. The wife subsequently filed an application for maintenance under Section 125 of CrPC, stating that she and her parents were unable to maintain her. The magistrate dismissed the application based on the wife's refusal to return to the matrimonial home. The Additional Sessions Judge initially reversed the order but it was ultimately upheld by the High Court of Chattisgarh, which found that the wife's refusal to return without sufficient reason resulted in the loss of her claim to maintenance.

• In the case of Nivya V M v. Shivaprasad M K (2017): The Kerala High Court ordered the woman to pay her husband monthly maintenance of Rs 6,000. The case originated from the petitioner's false allegation of rape against the respondent, which adversely affected his career. The court observed that under Section 24 of the Hindu Marriage Act, either spouse could seek pendente lite maintenance if they are unemployed and without a source of income. However, considering the evidence presented, including the husband's ability to generate funds for legal expenses, the court found the Family Court's decision unsustainable and likely to be overturned.

Conclusion

Maintenance laws in India under Hindu law have traditionally focused on providing support to Hindu females. While the laws primarily focus on protecting the rights and entitlements of Hindu females, recent amendments and court judgments have made maintenance provisions applicable to both spouses, regardless of their gender. However, it is important to ensure that maintenance laws are equitable and consider the individual circumstances of each case. While specific circumstances allow Hindu males to claim maintenance, there is a pressing need for gender-neutral and equitable laws; for example, Don't you think Rape laws in India are women-centric. What about cases of fake rape allegations or fabricated claims of marital rape? Are these issues given the attention they deserve?

It's time we critically examine the balance and fairness of India's rape laws and question whether men are provided equal protection in the eyes of the law. By striking a balance, we can establish just and inclusive maintenance laws that protect the rights and welfare of both men and women in India.