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Report No. 132

Chapter II

Questionnaire issued by the Commission and the Responses Evoked by the Questionnaire

On the basis of the preliminary study of the problems arising in the context of section 125 of the Criminal Procedure Code, a questionnaire was issued by the Commission. It was sent to a number of organisations and it was also given press publicity. The responses evoked by the questionnaire have been analysed and the position emerging from the analysis of the responses is being set out in the context of each question.

Question No. 1

1. (a) Section 125 of the Code prescribes a ceiling of Rs. 500 in awarding monthly allowance for the neglected wife, child, father or mother. Has the sum of Rs. 500 not become unrealistic having regard to the steep rise in the cost of living and the consequential inflation since the ceiling was devised?

(b) Should the ceiling of Rs. 500 not be revised upwards from Rs. 500 to Rs. 1000 or Rs. 1500?

Or

Would it be preferable to do away with riders like the ceiling on the quantum of monthly allowance etc. and to provide instead thereof that the court may direct payment of such monthly allowance as the court may consider just, fair, and appropriate taking into account the need based requirements of the neglected wife, child or parents including the need for meeting future emergency needs of such person on the one hand and the property income and other resources of the person liable to pay such allowance on the other.

In doing so the court may treat the realisations of the sale or encumbrances effected by the person liable to pay the allowance within two years immediately preceding the application for maintenance and during the pendency of the proceedings thereafter as his existing assets.

Response: A vast majority expressed the opinion that the ceiling should be abolished and the quantum of maintenance should be left for the court to be determined in the light of facts and circumstances of the case.



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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