Report No. 73
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
| Contents |
| Chapter 1 |
The Substantive Law and Amendments Recommended Therein |
| 1.1 |
Genesis of the Report |
| 2. |
Disobedience to decree or order for maintenance or alimony to be made punishable |
| 3. |
Need for amendment of the law |
| 4. |
Provisions relating to right of maintenance |
| 5. |
Need for criminal sanctions |
| 6. |
Certain orders for maintenance to be excluded |
| 7. |
Scope of the proposed section summarised |
| 8. |
Amendment to extend to persons of all communities |
| 9. |
Placing of the new provision |
| 10. |
Comparative position |
| 11. |
Recommendation for amending the Indian Penal Code |
| Chapter 2 |
Amendments Recommended in The Code of Criminal Procedure, 1973 |
| 2.1,2. |
Procedure-complaint by the wife to be a requisite |
| 3. |
Applicability of section 198(1) of the Code |
| 4. |
Recommendation for amendment of section 198, Code of Criminal Procedure, 1973 |
| 5. |
Notice of intention to make complaint |
| 5A. |
Time limit for prosecution |
| 5B. |
Recommendation to amend section 198, Code of Criminal Procedure |
| 5C. |
Amendment of section 469, Code of Criminal Procedure, 1973 |
| 6. |
Acquittal on deposit-section 257A to be inserted in the Code of Criminal Procedure, 1973 |
| 7. |
Recommendation as to compounding section 320, Cr. P.C |
| 8. |
Amendment to the First Schedule |
| Chapter 3 |
Amendments Recommended in The Code of Civil Procedure, 1908 |
| 3.1. |
Amendments in Code of Civil Procedure, 1909 |
| 2. |
Time spent on pendency to be excluded |
| 3. |
Existing provisions in the Limitation Act not enough |
| 4. |
Amendment in the Code of Civil Procedure, 1908-Insertion of Order 21, rule 29A |
| Appendix 1 |
Extracts of Sections 24-25, Hindu Marriage Act, 1955 |
|
Maintenance pendente lite and expenses of proceedings |
|
Permanent alimony and maintenance |
| Appendix 2 |
Extracts from Section 198, Code of Criminal Procedure, 1973 |
|
Prosecution for offences against marriage |
| Appendix 3 |
Extracts from The California Penal Code1 |
|
Omitting to provide child with necessaries-Misdemeanor |