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NEW DELHI: Section 125 of the Criminal Procedure Code has frequently been used by courts to ask men to pay maintenance to wives, children or parents dumped by them.

A petition in the Supreme Court seeks a role reversal — a man wants maintenance from his doctor wife who allegedly deserted him at a time when he was jobless.

The Hindu Marriage Act does allow for the payment of maintenance to separated and divorced males who have no means to support themselves and whose estranged partners are better off. But Section 125 of has seldom been used for the purpose.

Interestingly, while invoking Section 125, petitioner Pravinkumar Jayantilal Nagrecha also blames his plight on the misuse of the very provision by his wife.

It was in 2002 that a Rajkot court directed Nagrecha to pay a monthly maintenance of Rs 1,000 to his wife and daughter even though she is working as a doctor. This order was upheld by the high court and the apex court, his counsel H A Raichura said.

He said the petitioner was sacked by Reliance in 2002, as he had to take frequent leave to attend as many as 15 court cases in three cities filed against him by his wife.

Seeking to get 'relief' under Section 125, the petitioner said the apex court should interpret the law in such a manner that destitute husbands could also get maintenance if their working wives had left, leaving them in penury.

If the law isn't interpreted in this way, Section 125 could fall foul of the mandate of the Constitution which prohibits discrimination on the grounds of sex — in other words, between husband and wife — the petitioner said.