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Report No. 73

2.5B. Recommendation to amend section 198, Code of Criminal Procedure.-

In the light of the above discussion, we recommend that in section 198(1) of the Code of Criminal Procedure, 1973, proviso (d) should be inserted as follows:-

"(d) no wife shall be entitled to make a complaint for an offence under section 498A of the Indian Penal Code against the husband unless a notice in writing stating the amount of arrears in regard to which she intends to make such complaint, and intimating her intention to do so, has been delivered to the husband or sent to him by registered post, and unless a period of at least one month has expired since the date on which the notice was so delivered or the date on which, when correctly addressed, it would have reached the husband in the ordinary course of post, as the case may be."

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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