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Section 125 CrPC: Court can grant interim maintenance to the wife even without written application

Delhi High Court has held that there is no necessity for the wife to file an application for grant of interim maintenance when main petition under Section-125 CrPC is pending.

A bench of Justice Sachdeva has passed the order on 05.08.2019 in the case titled as Inder Singh vs Sumitra.

Trial court granted interim maintenance of Rs.10,000/- per month to the wife. Husband approached the High Court challenging the said order and taken several grounds including that there was no application for interim maintenance (earlier application having already been withdrawn).

High Court observed “Second proviso to sub section (1) to Section 125 Cr.P.C. stipulates grant of interim maintenance. Reading of second proviso does not in any manner indicate that making of an application seeking interim maintenance is a pre-condition for grant of interim maintenance”.

High Court further observed “If the second and third proviso to sub section (1) to Section 125 Cr.P.C are read keeping in view the very object of the statute, it shows that there is no requirement stipulated by the statute for making an application for grant of interim maintenance pending consideration of the petition under section 125 Cr.P.C. and the Court would be empowered to pass an order assessing interim maintenance even in a case where no such application has been filed by the person claiming maintenance. However, where such an application is made, the same would have to be disposed of by the Trial Court within the time stipulated therein”.

High Court also observed “If a narrower interpretation were to be given to the provision i.e. that an application is a pre-condition for grant of interim maintenance, the same would militate against the very object of the scheme of providing maintenance to a dependant, who is unable to maintain himself/herself, where the person who has sufficient means has refused or neglected to maintain the dependant”.

High Court then held “Keeping in view the beneficial object of the statute, it is held that the filing of an application seeking interim maintenance would not be a precondition for grant of interim maintenance pending consideration of the petition seeking maintenance under section 125 Cr.P.C.. It would be open to the trial court to grant interim maintenance, in the facts and circumstances of the case, pending consideration of the application for grant of maintenance under section 125 Cr.P.C”.

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