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Report No. 132

3.14. Protection of the awardee in matters where the liable person prefers an appeal.-

The wife, child or parent, who has been awarded maintenance would have no real protection in case the person liable for payment of maintenance prefers an appeal. It is, therefore, necessary to provide that in an appeal by a person held liable to pay maintenance, the appeal will be maintainable only when it is accompanied by an affidavit of the appellant to the effect that he has deposited or paid all such arrears and will deposit future maintenance regularly. It may, however, be provided that the appellate court may, on being satisfied that undue hardship would be caused to the appellant if he is required to pay all the arrears, in its discretion, extend the time for making deposit or exempt the appellant from making deposit of any part of the arrears.

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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