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Report No. 73

2.4. Recommendation for amendment of section 198, Code of Criminal Procedure, 1973.-

It will, however be necessary to provide for cases where the wife cannot make a complaint because of certain unavoidable circumstances. In this context, reference may again be made to section 198 of the Code of Criminal Procedure, 1973. In that section, sub-section (1), proviso, clause (a), provides that in cases where the wife is under the age of 18 years or is an idiot or a lunatic or is suffering from sickness or infirmity and unable to make a complaint or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the court, make a complaint on her behalf. The same should be the position in regard to a complaint for the proposed offence.

Criminal Liability for failure by Husband to Pay Maintenance or Permanent Alimony certain to the Wife by the Court under Certain Enactments or Rules of Law Back

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