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Report No. 132

3.11. Second problem.-

There is no good or substantial reason for precluding the awardee from approaching the court for issuance of a warrant for recovery merely because the awardee does not approach the court within one year. Iri fact, it results in grave and serious injustice to the awardee, for the entire claim gets wiped out if the awardee is not in a position to approach the court for physical or economic or other reasons. By not approaching the court within one year of the amount becoming due, the person held liable does not suffer any prejudice. There does not appear any purpose or principle in providing that if no approach is made within one year, the maintenance amount in arrears would become irrecoverable. The first proviso to section 125(3), therefore, deserves to be deleted altogether.

Need for Amendment of the Provisions of Chapter IX of the Code of Criminal Procedure, 1973 in order to Ameliorate the hardship and mitigate the distress of Neglected Women, Children and Parents Back

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