CaseLaws On Section 125 CrPC [ Maintenance ]

An agreement by which a wife waives her right of maintenance protected under Section 125 of Cr.P.C is an agreement against public policy and the same is ab initio void and not enforceable [ KP Abdul Hakeem vs Asmabi MP 2023/KER/6314 ].

By virtue of Section 125 (1) of Cr.P.C, an unmarried daughter, who attained majority, could not claim maintenance in the ordinary circumstance, viz. merely on the ground that she does not have means for her sustenance. At the same time, even though the unmarried daughter, who attained majority, is entitled for maintenance, where such unmarried daughter is by reason of any physical or mental abnormality or injury is unable to maintain herself, for which, pleadings and evidence in this regard are mandatory. [ Girish Kumar N vs Rajani KV 2023/KER/4977 ]

Leave a Comment

Your email address will not be published. Required fields are marked *