Section 125 CrPC – Is a Measure of Social Justice

It is pertinent to mention that Section 125 CrPC is a measure of social justice and it is intended to protect the wife and her children who has no means to maintain herself. It has been held in Bhagwandutt v. Kamla Devi, AIR 1975 SC 83, that while assessing the amount of maintenance under Section 125 CrPC, the Magistrate is required to consider the standard of living and background of the wife alongwith the status of her family. The needs and requirements of the wife should be in consonance with her own income, if any, and the earning of the husband and his commitment as husband. It is also pertinent to mention that Section 125 CrPC is to prevent destitution in wife who may have been even divorced. The husband is under obligation to give maintenance to the divorced wife who by herself is not able to maintain herself. It is husband’s moral obligation which he owes to the society in respect of his wife and children, so that they are not left beggared and to prevent destitution as without financial support she may be driven to a life of vagrancy, immorality and crime for her subsistence. Major Ankur Gupta v. State of U.P., 2020 (138) ALR 52.