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Report No. 73

1.6. Certain orders for maintenance to be excluded.-

From the scope of the proposed offence, we would exclude maintenance granted by the court under section 125 of the Code of Criminal Procedure, 1973 or its predecessor (section 488), since the Code contains adequate provisions, including criminal sanctions1, for enforcement. We would also exclude orders for maintenance or alimony pendente lite from the scope of the proposed offence. Orders pendente lite are temporary orders, and their enforcement can be left to be dealt with under such powers as the courts already possess.

1. Section 125(3) of the Code of Criminal Procedure, 1973, see para. 1.4 (iv), supra.

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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