Justice Dhingra’s Judgment Clarifying CrPC 125

CrPC 125 is meant to serve as a tool to prevent destitution. Highly qualified Indian women harass their husbands by filing these cases to park themselves on their butts and collect tax free pay checks.

Justice Dhingra has turned his attention to putting an end to this malaise of laziness. This judgment embodies everything that can be done to end the abuse of CrPC 125.

Here is the text of this short and sharp judgment:

The petitioner who is an MBBS qualified Doctor and admittedly had been in practice before, claims that she was sitting at home despite being a qualified Doctor and does not work. The petitioner claimed maintenance against her husband who is in service. The Trial Court granted maintenance of Rs.4,000/- per month. This petition is made against observation of the Trial Court that she was working somewhere and earning around Rs.8,000 to 10,000/- PM and that the maintenance granted by the Trial Court was made subject to adjustment of the maintenance being received by her under Section 125. Since counsel for the petitioner states that petitioner is not working anywhere, despite being a qualified Doctor, I consider that as she is receiving maintenance from husband, the Court should not allow her experience and qualification to go waste. I consider that she should be directed to work as a honorary Doctor in some public welfare institute or school free of charges where she can take care of health of the poor people. Let her come to Court and give an undertaking that she was prepared to work without charging anything in any institution named by this Court around her house minimum 5 hours a day and 6 days a week, so long she receives maintenance from her husband on the plea of being unemployed.

Here is the judgment: Justice Dhingra’s Landmark Judgment On Purpose Of CrPC 125

PS:

Thanks to the visitor who posted this judgment on my blog as a comment.

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50 Responses to “Justice Dhingra’s Judgment Clarifying CrPC 125”


  1. 1 prakash November 30, 2008 at 2:09 pm

    this is a landmark judgment and more and more such judgments should come out from our learned judges so as to put an end to those unscrupulous women filing for maintainence when they are very well capable of maintaining themselves.

  2. 2 gffran December 2, 2008 at 9:08 am

    my wife is a doctor and she admitted her self as she is a doctor and earning 6000/-Rs per month even though she claimed maintenance and I become jobless due to the false case of dowry 498a and my job in Saudi has been lost because my passport has been seized immediately after filing the case.

  3. 3 gffran December 2, 2008 at 9:31 am

    So because of this wrong law of dowry case my prosperous family is on the way of breakage
    How can I have a faith on a wrong law as a law of peace for my family?

  4. 4 AMAR January 19, 2009 at 7:54 am

    women now a days are missusing their women power by going to women cell , sec 125 cases, dowery etc.

    everyone has right to move free but kindly listen to both sides then should take any decission.their should not be any type Warrent issued in this case what i feel bcoz it is social matter.no bailable or non bailable should be issued only summons should come else it becomes ex party.

    husband and wife can sit and sought out this matter with thier parents and elders.

    • 5 A Harish August 29, 2009 at 7:33 am

      Sir
      My wife and har family members played fraud upon me by non disclosing her mental problem . I obtained divorce u/s 13 (1) (iii) . Now she filed application u/s cr p c 125. please provide me case laws to defet her

      Yours faithfully
      Harish Awari

  5. 6 Ravi Kiran Malladi February 22, 2009 at 5:12 pm

    Dear Friends, Please also leave the citations for the judgements you post. A citation is a reference in the law digest which the judgement can refer, while examining these judgements in a any case. this is of utmost importance.

    • 7 Rajani January 16, 2010 at 5:36 am

      My brother Rakesh got married to Puja in Kolkata on 21st May 2003
      2. After the birth of a daughter Ratna on 11th september 2004 at Kolkata (Baghirati Neotia Hospital) she returned to her matrimonial home after 40 days escorted by her Sister- in- law (myself) and family
      3. After staying at her matrimonial home for a year she returned to her parents on 15th September 2005 saying that she wanted to spend the PUJAS with her parents at Kolkata
      and would return after a month
      4. She did not return and on July 2006 she filed a criminal case under section 125 asking for maintainance for the daughter, quoting that she is a working woman
      Currently she is getting Rs 3000 per month, later she also filed 498a
      5. Then my brother filed a case of desertion and restoration of Conjugal Rights in Dhanbad Court, she refused to come to the family court for counseling. Currently the problem is that when we wanted to convert the desertion case into Divorce, the Judge of Dhanbad Court said that the Supreme Court has objection to it, and that this case need to be withdrawn first and a fresh petition for Divorce needs to be filed. In the meantime, she has filed for a divorce in Kolkata Court on 4th Jan 2010, and we have filed on 8th January 2010. Our queries are:
      1. Will she get alimony?
      2 If she has filed for Divorce will it speed up the procedure?
      3. Is there any way we can add in the petition that she has deserted for over 4 years without any reasonable cause, and still in the court she refuses to come to her matrimonial home or appear for any counselling?

  6. 8 Sameer Sharma May 13, 2009 at 11:34 am

    This is landmark judgment for section 125 (Order for maintenance of wives, children and parents). It really affect the mis-using of this legal right.

  7. 9 sunil sahil June 10, 2009 at 5:22 am

    Thanks for this judgment. it is necessary for man because 80% women misuse CrPC 125 in west bengal.

  8. 10 R B CHIKHALE June 11, 2009 at 9:49 am

    This judgement is good, because wife do not depend fully on husband and sit ideal. Some 90% wives are using false cases and some greedy parents are collecting money from husband. 498A shoud not be only in the hands of ladies. Proper investigation should be made before arresting any bride.

  9. 11 kkmittal August 2, 2009 at 9:12 am

    dear sir, my doughter in law has filed a case for maintenence of rs.100000/- pm andda MERC car for use.This information will come handi while fighting our case in the court.My son works in U K.

  10. 12 Rajeev Sharma August 21, 2009 at 5:36 am

    My wife is a qualified Draftman & worked in the past years but her father make her stop working. Now she filed a maintenance case against me. How can i stop her. How can i make her working again or how can i win maintenance case.

    kindly guide me.

    Thanks

    Rajeev Sharma
    rajb366a@indiatimes.com

  11. 13 SANJAY September 18, 2009 at 8:10 am

    Dear Sir,

    I am a practicing Chartered Accountant and belong to very typical middile class family. I have my dependant widow mother and other dependant family members residing in my old patrimonial house. I got married in 16.01.2009. From the very first day of marriage I started living in a separate flat with my wife. But I found my wife very greedy about money matters and started demanding money in many occasions particularly whenever we had physical relationship. I found this to be very awkward on her part. She stayed with me for about 1 and half month in different spell before she finally left me on 28.04.2009. Now she has filed a suit against me u/s 125 of crPC. The objective of my inlaws apears to be extorting money as evident from their attitude and talks. More over my wife has differnt kind of addiction. She is a habitual drunker and also very much addicted in smoking, pan masala, gutkha etc. At this stage I am feeling very helpless. Please advise.

  12. 15 mrunal December 27, 2009 at 9:52 am

    Hi,
    can you give me the case details in which these judgement was given by justice Mr. Dhingra so that I can use the details against the case filed by my wife.

  13. 16 Dipak Kumar Adhikari January 27, 2010 at 7:08 am

    Dear Sir/Madam,
    We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, it’s not true case, believe me. My wife are engaged/Affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Manager) his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about many vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. 2nd court date is 04/01/2010 done. Next court date is 07/07/2010 at Barashat court. Some proof (20 pcs. s.m.s., picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. Before marriage my family not see my wife’s family, now we understand/also see that she’s family are very bad. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter. But my wife still now not agree she wants to marry to the boy. My wife left our only solitary daughter to me who is 4 years old having severe “Ashtama Disease, depends on INHEALER, here political Hide & seek game is going on & the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that I’m not taken back my wife. I take a lawyer his name Mr. Kamelash Nandi. I don’t know what happened next? Now I went to punishment the boy. If possible please help me. Please investigate the matter and relief/save me and my family. And . My wife given me U/s. 125 Cr. P. C. Case NO.167/2009, date 16/12/2009. 1st Class Judicial Magistrate at Sealdeh. 1st court date is 15/01/2010 done, 2nd court date is 12/02/2010.
    Thanks
    Dear all of my well wiser,
    Dear friend’s, actually I’m 100 percent victim, so I went to knowing my matter all the Indian and others. I write my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B, C.M. in W.B., CBI in W.B, CID in W.B, Governor in W.B, and President in India. P.M. in India, Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, my nation, all of the news channels, and all press, and many more, absolutely you also, But nobody help me, I think you can help me, so I write to you.I’m Punishment + harassment Without Crime.

    With kindest regards,
    Dipak Kumar Adhikari
    Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
    P.O. Hatiara. Kolkata-700059 Email: dipakadhikari_59@yahoo.com PH. 9836149983
    W.B. India.

  14. 17 Shamim Ahmed April 25, 2010 at 3:17 pm

    When I moved for Talaq, thenafter she went in Mahila help line. now She filed 125CrPC, 498A, 19-22 PWDVA, and fraudly claimed that firstly I have orally gifted my only house to her thereafter she obtained my fake signature on noterized gift.Beside this am paying 12000/-PM for house loan and 7000/-PM my only son’s hostel charges. Five Complain to my department and Four cases against me.
    Don’t be surprised, it is just the cost of having male organ

  15. 18 rajiv May 15, 2010 at 2:47 am

    ilove priyanka always love u my wife priyanka sahu gwalior

    rajiv shakya

  16. 19 dheeraj July 17, 2010 at 7:00 am

    dear sir mai ek mansik bimari ka yr2002 se patient hu. meri shadi 2001 mai hue thi .meri ek dukan hai jiski yearly income 60000 hai. meri patni pichle ek saal se uske pihar mai rah rahi hai.usne mere khilaf bharan poshan ka dawa kar rakha hai.mane use wapas lane k liye notice bhi bhej diya hai. par wo aane k liye taitar nahi hai.mera question ya hai k is condition mai court maximum kitna maintinence fix kar sakti hai..i am very dippress..please help me

  17. 20 ashok kadakia August 25, 2010 at 11:35 am

    pl send me all the judgements given by justice Dhingra in the maintenance case.

    Thanks

  18. 21 sangeeta mondal August 29, 2010 at 12:33 pm

    i wanna ask what to do? my grand parents are in a dillema,their dauther in law ,harrasing them and demanding life long money and their home….she loves some1 else…….plzzzz hellp its very upseting…the girl is fraud………(the family stays at kalkata ….
    pls kindlysuggest

  19. 22 Prasoon Kumar Mishra, Advocate August 14, 2011 at 9:50 am

    Justice Dhingra the great. I salute you .

  20. 23 amit August 25, 2011 at 9:52 am

    Existing laws are used by wives and their family to haress and extort huge amount of money they use these laws with corrupt police to black mail and extort huge amount of money and threaten them.
    Laws must be made to stop such false cases before many innocent husband’s families commit suicide.
    A plea to all..and thankx Justice Dhingra!

  21. 24 Bhaskar September 11, 2011 at 12:32 pm

    Suggestions to preserve families from wrong Family Laws

    Dear All,

    I have certain suggestions to preserve families and to save them by amending section 498A of IPC and other related laws:

    • No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

    • No maintenance and alimony in the 2nd marriage if she has got it in the first divorce.

    • No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

    • Compulsory pre-litigation mediation for avoiding long legal battle.

    • Law should be such that both husband and wife try to reconcile .

    • Law should not be favoring anyone to ensure that marriages are saved.

    • Domestic violence complaint / FIR should be entertained by Police within 24 hours of alleged incidence only in place of today’s situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

    • DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife’s and their families to ensure equality and justice.

    • Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh. When two persons can marry without any waiting period then there should be no waiting period for separation.

    • The most important thing is to fix time limit and number of hearings for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months.

    • For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.

    • Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).

    • Pre-nuptial agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court.

    • MAXIMUM LIMIT OF MAINTENANCE AMOUNT BE FIXED IN THE ACT ITSELF TO STOP ITS MIS-USE

    • Last but not the least THERE MUST BE STRICT PENAL PROVISIONS FOR PETITIONER AND ADVOCATES FOR FILING FALSE CASES.IT WILL REDUCE LARGE NUMBER OF FALSE CASES. AS PER STATATICS 95% DOWRY/ DOMESTIC VIOLANCE CASES ARE FALSE.ONCE JUDGES START PUNISHING THOSE INVOLVED IN SUCH CASES THERE WILL BE SEA CHANGE.

    I request all the concerned, affected or sensible members of LCI to interact on this important issue and more importantly to send representations to President, Prime Minister, Law Minister, Speakers, Leaders of Political Parties, Cabinet Secretary, Home Minister, Finance Minister etc. and also send SMS / EMAILS to your friends and relatives with a request to them to further forward the message for creating momentum.

    The above action on your part will definitely make the concerned authorities to consider amendment in these biased laws to ensure that families are saved and undue litigation/hardship is stopped to husbands and their families.

    If need be I will provide the addresses of persons who matters.

    Thanks and i expect now all will act in positive direction and confirm sending representations to these authorities , because only interaction with the affected parties will not serve the purpose and we need to shake the system like Shri Anna Hazare and Baba Ram Dev.

    • 25 GSingh December 21, 2011 at 4:31 am

      Dear Bhaskar,
      You have written a very logical piece of advice for amendment of this violent act against men.If this act is amended, a lot of families and future of the coming generations can be saved which in turn will strengthen the nation both the civil and defence way.

      • 26 Bhaskar December 21, 2011 at 8:32 am

        Thank you very much for your comments.

        For last more than 1 year i am sending this letter with attachments to President, PM, Ms.Sonia, Mr.Rahul, Ministers, MP’s,Leaders of Opposition, Law commission, Judges of Supreme Court, High Court and District Courts and also around 35 newspapers and news channels to let them know ground reality and garner their support

    • 27 Debasish Paul. November 4, 2012 at 3:27 pm

      Dear Bhaskar,

      Thank you very much for your thinking about the stupid laws(498a,125 etc.).I am also facing this false cases(u/s 498a/323/406/354/386/193/34 I.P.C and 125).Please send me the addresses of the said(P.M,PRESIDENT OF INDIA, GOVERNOR OF WEST BENGAL, members of Lok Sabha & Rajya Sabha etc.I want to send them your proposals about this darty laws.
      Thanking You
      Debasish Paul
      email:- debasispaul2006@yahoo.co.in

  22. 28 gc February 29, 2012 at 6:40 am

    great judgement. In my case, the pititioner (called wife) is working in private colleges and I am putting my efforts and getting her salary cirtificate from that institute. Then she immediately resigns and getting that cirtificate and producing before the court in counter to my evidence of her employement. The Magistrate giving his openion that “She is not working at Present”. Then she is joining in another institute. It is just like Cat & Rat race.

  23. 29 deepak June 28, 2012 at 2:16 am

    india mai male hona ak maha paap hai ….. mahila abla hai … mahila abla hai …. kah kah kar indian govt ne itne powers uske hatto mai de di ki ab male abla ho gaya hai … kuch dinno pahle ak woman ne ak police walle ko road per marna start kar diya … jab rooka gaya boli ki mujhe cheer raha tha …. log maan gaye … ak police station mai rape kiya … fir ho gai … investigation mai sammne aaya ki police station mai uss tim 10 log thhe or ye possible nahi tha …. ye to police walo ki baat hai otherwise ak aam insaan hota to usse utha kar jail mai daal dete …… jitne bhi law dowery or maintance ki wife ke liye baane hai …jo sach mai victom hai wo use hi nahi kar pa rahi .. bt jo over clever hai ya thora educated hai .. iss kaam mai lag jati hai ….. india mai aap ak animal ko maar do uske liye bhi law hai … 5 yrs ki jail . salman khan ko 5 yrs ki jail ka order hai udaypur court se … bt yaha admi ke liye law nahi hai … india mai male .animal ke bhi necche hai

    • 30 mukesh yogi July 22, 2014 at 8:33 am

      i am agree with u dear…
      i m just 22 yr old but i am facing 498,125 due i got merrige in my chilhood
      any one who can help me pleave give me your reivew

  24. 31 MD ASHRAF August 31, 2012 at 12:37 pm

    somebody help, mere sath bht bra hoa. mai ek student ho meri wife aur uske bhai ne sajish rach k jhota mukadma kya h u/s 498,a,406,377,326,34. mere pas kuch sabut v h k uske bhai k sath uska galat rista h. mere shadi k avi 4 month hi hoa h. mai kya kron 125 u/s se kaise rahat mile plz hlp

    • 32 Manoj Singh (Advocate) September 3, 2012 at 3:37 pm

      Mr Ashraf, Kya aapki kuch income h? Agr nahi h or aap sirf ek student h to aap maintenance nahi de payenge. par aapke against maintenance na dene pr imprisonment ka order pass kiya ja sakta h.

      For further detail: mail me at singh_manoj4646@yahoo.com

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  26. 34 bhaskar October 23, 2012 at 6:52 am

    Good judgement but do other judges follow them properly…

  27. 35 RAJ October 27, 2012 at 9:01 am

    Significant judgement –so girls don’t go to school thereafter.

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    why th money extortion case ca not be filed against the wife for filing such petition by supressing the facts of her talets….

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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