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After marriage I stay with husband around 5 month & left matrimonial home, We don't have any children. Now my husband file case under section 13 HMA, So I demand alimony/maintenance under IPC 24,25,125. But husband's advocate said in court "Under IPC 125 section 4 there is no maintenance, Because left matrimonial home without reason" . Also put some document proof by husband's advocate. So now under which IPC I ask maintenance/alimony so it will granted by court.
Section 125 of the CrPC states that a magistrate can order a husband to pay maintenance to his wife, children, and parents who are unable to maintain themselves. The wife need not be living with the husband to be entitled to maintenance under this section. The husband's advocate is wrong in saying that there is no maintenance under Section 125 if the wife leaves the matrimonial home without reason. The Supreme Court has held that the wife is entitled to maintenance under Section 125 even if she leaves the matrimonial home without reason. Contact us on our helpline number for further enquiry.