Because of peculiar circumstances in India, law is biased in favor of women.
There is lack of clarity in law relating to maintenance of wife under Sec.125 of Code of Criminal Procedure.
Husbands suffer because of lack of clarity by courts in provisions regarding maintenance.
Sec.125 provides for maintenance of wife 1) Who is unable to maintain herself 2) And who is wrongly deserted by husband 3) Section does not speak about any criteria for fixing maintenance.
A wife who is double graduate can easily get a job if deserted by husband. Can she be called "A wife unable to maintain herself"?
In my view she has no right to invoke criminal proceedings under Sec.125. She has to file civil suit for fixing her maintenance. I think Supreme Court law is vague on this issue.
We only hope that some day Supreme Court will clarify difference between Civil law of maintenance and Criminal Law of maintenance under Sec. 125
Haresh Raichura
29/9/2012
There is lack of clarity in law relating to maintenance of wife under Sec.125 of Code of Criminal Procedure.
Husbands suffer because of lack of clarity by courts in provisions regarding maintenance.
Sec.125 provides for maintenance of wife 1) Who is unable to maintain herself 2) And who is wrongly deserted by husband 3) Section does not speak about any criteria for fixing maintenance.
A wife who is double graduate can easily get a job if deserted by husband. Can she be called "A wife unable to maintain herself"?
In my view she has no right to invoke criminal proceedings under Sec.125. She has to file civil suit for fixing her maintenance. I think Supreme Court law is vague on this issue.
We only hope that some day Supreme Court will clarify difference between Civil law of maintenance and Criminal Law of maintenance under Sec. 125
Haresh Raichura
29/9/2012
