Q: Can Section 125 of Cr.P.C overrule the personal law?

Ans: The Supreme Court has held that if there is any conflict between personal law and Section 125 of the Criminal Procedure Code, then it is clear from the language of Section 125 of Criminal Procedure Code that it overrules the personal law.

According to section 125 (4) of Cr.P.C, No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

Comment: But it is neither mentioned anywhere in section 125 of Cr.P.C that the maintenance will be given to wife even if she is well qualified and is able to earn money nor it is mentioned in section 125 of Cr.P.C that a husband who already has other liabilities should ignore the other liabilities and should provide maintenance to his well qualified and earning wife. 

There is a maxim i.e., actus curiae neminum gravabit which means that an act of the Court shall prejudice no one. It is applicable when a situation is projected where the Court is under an obligation to undo the wrong done to a party by the act of the court to maintain the status quo.

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