Topic

maintenance under CrPC

3 articlesLatest July 2026
Section 125 CrPC | Purposive Interpretation Allows Maintenance Despite Lack of Strict Marriage Proof : Allahabad HC
Case Law Analysis
|Allahabad High Court

Section 125 CrPC | Purposive Interpretation Allows Maintenance Despite Lack of Strict Marriage Proof : Allahabad HC

Allahabad High Court rules that maintenance under Section 125 CrPC cannot be denied solely due to lack of strict marriage proof if cohabitation, childbirth, and attempted marriage are admitted. The Court emphasizes a purposive interpretation of maintenance laws, remanding the case for fresh adjudication while mandating compliance with Rajnesh v. Neha affidavit guidelines.

Section 488 CrPC | Mutual Consent Separation Bars Wife's Maintenance Claim Despite No Formal Divorce : J&K HC
Case Law Analysis
|Jammu & Kashmir and Ladakh High Court

Section 488 CrPC | Mutual Consent Separation Bars Wife's Maintenance Claim Despite No Formal Divorce : J&K HC

J&K High Court rules that a wife living separately by mutual consent, even without a legal divorce, cannot claim maintenance under Section 488 CrPC. The court emphasized judicial admissions and conduct over technical marital status, while ordering a ₹2.5 lakh one-time settlement to prevent destitution, highlighting the balance between legal technicalities and equitable relief.