In the case of Safia v State of Kerala [2025: KER:91029], the Kerala High Court clarified that maintenance can be granted starting from the date the application was filed, under Section 125(2) of the Code of Criminal Procedure (CrPC).
The court cannot order a husband to pay maintenance for any period before the wife officially submitted her claim.
This provision ensures that a husband is not held responsible for paying maintenance for the time during which no legal claim had been made against him.
That means, maintenance is calculated from the day the legal process begins, but not from any date prior to the application.
