125 CrPC judgement in favour of husband

125 CrPC Judgement in Favour of Husband: When Can a Husband Win a Maintenance Case?

In India, Section 125 of the Code of Criminal Procedure (CrPC) empowers wives, children, and dependent parents to claim maintenance from their obligated family members. However, public perception often leans towards wives automatically receiving maintenance under Section 125. This article explores the lesser-known scenario: a 125 CrPC judgement in favour of a husband.

Can a Husband Win a Maintenance Case Under Section 125 CrPC?

Absolutely. While uncommon, there are situations where a husband can be awarded maintenance under Section 125 CrPC. Here’s when it might happen:

  • Wife’s Refusal to Live Together Without Just Cause: The law expects spouses to cohabitate. If a wife, without a valid reason, refuses to live with her husband, it can weaken her claim for maintenance. Just causes for separation include cruelty, domestic violence, or adultery by the husband.
  • Wife’s Independent Income: If the wife has a sufficient income to support herself, the court might reject her maintenance claim. The court considers both spouses’ financial situations while determining maintenance.
  • Husband’s Proof of Inability to Pay: If the husband can demonstrably prove he lacks the financial means to support his wife due to factors like unemployment or disability, the court might reject the wife’s claim or award a minimal amount.

Evidentiary Requirements for a Husband to Claim Maintenance

The burden of proof lies with the husband to establish his eligibility for maintenance. Here’s what he might need to present:

  • Proof of Wife’s Desertion: This could include documented communication attempts or witness testimonies.
  • Evidence of Wife’s Earning Capacity: Payslips, bank statements, or proof of business ownership can be helpful.
  • Proof of Husband’s Financial Hardship: Documents like income tax returns, medical certificates (for disability), or unemployment documentation can strengthen his case.

The Importance of Legal Consultation

Navigating a Section 125 CrPC case can be complex. Consulting a lawyer experienced in family law is crucial for both spouses. A lawyer can:

  • Advise on the case’s merit based on specific circumstances.
  • Guide on evidence collection and presentation.
  • Represent the husband in court and ensure a fair hearing.


While Section 125 CrPC primarily addresses spousal maintenance for wives, there are situations where husbands can prevail. Understanding the legal grounds and seeking professional guidance can empower husbands to pursue a just outcome in these instances.

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