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Report No. 73

1.7. Scope of the proposed section summarised.-

To recapitulate, the proposed section should be so drawn that it will apply to-

(a) maintenance granted by the Court to the wife

(i) under section 18 of the Hindu Adoptions and Maintenance Act, 1956, or

(ii) by virtue of a substantive right recognised by uncodified personal law1;

(b) maintenance or permanent alimony granted by the Court to the wife under section 25 of the Hindu Marriage Act, 1955 on the conclusion of proceedings for matrimonial relief or under any other corresponding statutory provision2.

The proposed section should not, however, apply to-

(c) maintenance or alimony pendente lite granted under section 24 of the Hindu Marriage Act, 1955, or under any other corresponding statutory provision3.

(d) maintenance granted4 under section 125 of the Code of Criminal Procedure, 1973, or under section 488 of the Code of Criminal Procedure, 1898 (now repealed).

1. Para. 1.4(i), supra.

2. Para. 1.4(ii), supra.

3. Para. 1.4(iE), supra.

4. 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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