Q: Discuss the concept of maintenance of wife u/s 125 of Cr.P.C?

Ans: Right to life under Article 21 of the Constitution of India means “right to livelihood”. A woman can not be denied of such right being dragged out of her matrimonial home. She has a right to sustain her life as well as it must be with dignity. A person cannot be permitted to live a life like an animal and a person can not be thrown away from grace. A woman can not be compelled to roam for her basic necessities somewhere else. She is entitled to lead a life in the similar manner as she would have lived in the matrimonial house. This is where status comes into play that is where the obligations of the husband, in case of a wife, become a prominent one and she cannot be allowed to live a life of beggar and destitute on the scrap heap of society and the very concept of sustenance and maintenance generates there and there is a duty cast upon the husband to look after his wife as well as upon his children.

But on the other hand, law has also cast a duty upon the courts that justice prevails and if the wife has left the house voluntarily on her own wish and she has failed to prove the question of neglect and refusal & sufficient cause to live separately, she is not entitled to claim maintenance u/sec 125 of CrPC.

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