Maintenance under the Code of Criminal Procedure (CrPC) is a crucial aspect
of family law that ensures financial support for individuals who are unable to
maintain themselves. While often associated with women and children, maintenance
laws also extend to men who find themselves in vulnerable situations.
aims to explore the concept of maintenance for men under the CrPC, examining
their rights and obligations and shedding light on the significance of this
legal provision, highlighting some landmark case laws that have shaped the
jurisprudence on this subject.
The Scope of Maintenance under CrPC for Men:
Maintenance under the CrPC is a legal right provided to a person who is unable to maintain themselves financially, either due to incapacity or other circumstances. Contrary to popular belief, men can also seek maintenance under the CrPC if they fulfil the criteria established by the law.
Eligibility Criteria for Men Seeking Maintenance:
To be eligible for maintenance under the CrPC, men must demonstrate their financial incapacity and dependency on the person from whom they seek maintenance. The court considers factors such as income, employment status, and the needs of the individual seeking maintenance before making a decision.
Maintenance for Men and Gender Neutrality:
The CrPC adheres to the principle of gender neutrality, ensuring that both men and women have equal rights and access to maintenance. This is in line with the evolving societal dynamics that recognize the financial vulnerability of individuals irrespective of their gender.
Rights and Obligations of Men Receiving Maintenance:
Men who are granted maintenance by the court have the right to receive financial support from the obligated party. This financial assistance is intended to cover basic necessities and living expenses. On the other hand, the recipients of maintenance have the obligation to utilize the support for their welfare and that of any dependents.
5. Factors Considered by the Court:
In determining the maintenance amount, the court considers various factors, including the financial capacity of the obligated party, the standard of living of both parties, the needs of the person seeking maintenance, and the presence of any dependents.
Revision and Termination of Maintenance Orders:
Maintenance orders are not set in stone and can be revised or terminated based on changing circumstances. If either party experiences a substantial change in financial circumstances, they can apply for a revision of the maintenance amount.
Challenges and Social Stigma:Despite the provision for maintenance under the CrPC for men, societal stigma
and traditional gender roles may deter some men from seeking the support they
need. Breaking down these barriers and raising awareness about men's rights to
maintenance is crucial for promoting equality and justice.
Savitaben Somabhai Bhatiya v. State of Gujarat (2005):In this landmark case, the Supreme Court held that the provisions of Section 125 CrPC are gender-neutral. The court clarified that maintenance is not confined to women only, and even adult, able-bodied sons have a legal obligation to maintain their parents if they are unable to support themselves financially.
Shailja & Ors. v. Khobbanna (2018):In this case, the Karnataka High Court ruled that a man is also entitled to claim maintenance under Section 125 CrPC. The court held that the law does not discriminate based on gender, and a man who fulfills the eligibility criteria is entitled to seek maintenance.
Vidyadhari v. Sukhrana Bai (2019):The Madhya Pradesh High Court, in this case, clarified that even a wife is not automatically entitled to maintenance. The court held that the wife must establish her financial incapacity and dependence on the husband to be eligible for maintenance.
Dhiraj Dharamdas Dewtale v. Sonal Dhiraj Dewtale (2020):The Bombay High Court, in this case, ruled that a husband is entitled to claim maintenance if he can prove that he is unable to maintain himself and that his wife has the means to provide support.
Daniel Latifi & Anr. v. Union of India (2001):While not exclusively related to men's maintenance, this landmark case
emphasized the speedy disposal of maintenance cases under CrPC to ensure that
the purpose of providing immediate financial support to the aggrieved party is
Maintenance under the Code of Criminal Procedure (CrPC) is a crucial legal
provision that recognizes the financial vulnerability of individuals, regardless
of gender. Men, like women, can seek maintenance under the law if they meet the
eligibility criteria. The principle of gender neutrality ensures equal rights
and access to financial support for both men and women. By understanding their
rights and obligations, men can access the support they need, contributing to a
more equitable society.
Additionally, raising awareness about maintenance provisions for men and
challenging societal stigmas can foster a more inclusive and supportive
environment for all individuals seeking financial assistance during challenging
times. Contrary to historical beliefs, men can also claim maintenance under the
CrPC if they meet the eligibility criteria.
Several landmark case laws, such as Savitaben Somabhai Bhatiya v. State of
have played a pivotal role in establishing the gender-neutral
nature of maintenance provisions. It is essential to continue monitoring the
evolution of maintenance laws and refer to the latest case laws for a
comprehensive understanding of men's maintenance rights under the CrPC.