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Report No. 73

2.5. Notice of intention to make complaint.- section 198(1), proviso (d) to be inserted.-

Certain other provisions in regard to procedure are also required. In our opinion, before the wife makes a complaint, the husband should be given an opportunity of complying with the decree or order. We recommend that no wife shall be entitled to make a complaint under the proposed new penal provision unless written notice of her intention to do so has been delivered, or sent by registered post, to the husband, and unless a period of at least one month has elapsed. Such notice must state the amount of arrears in regard to which such complaint is to be made1.

We have devoted some thought to the question whether, in a case where notice is given by registered post, the period of one month should be counted from the date on which the notice was posted by the wife, or whether it should be counted from the date on which the notice reached the husband or would, when correctly addressed, have reached him in the ordinary course of post. It seems to us that in this case it would be just and fair to compute the period from the latter date.

1. To be put as section 198(1), proviso (d), Code of Criminal Procedure, 1973.

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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