Report No. 132

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

Contents
Chapter I	Introductory
1.1.	The profile
2.	How and why of the exercise
3,4.	Facets of the problem
Chapter II	Questionnaire issued by the Commission and the Responses Evoked by the Questionnaire
1.	Question No. 1
2.	Question No. 2
3.	Question No. 3
4.	Question No. 4
5.	Question No. 5
6.	Question No. 6
Chapter III	Identification of Deficiencies and Anomalies in Chapter IX of Code of Criminal Procedure as Presently Moulded and Consideration of Measures for Redressing the Same
3.1,2,3.	Identification of Deficiencies and Anomalies in Chapter IX of Code of Criminal Procedure as Presently Moulded and Consideration of Measures for Redressing the Same
4.	Ceiling
5.	The date from which the order for payment of monthly allowance by way of maintenance should be made effective
6.	Need to set right an injustice arising out of strained construction of the expression "unable to maintain herself" in section 125(1)(a)
7.	Need for spelling out the criteria for quantification of the amount of maintenance
8.	Deleting onerous and embarrassing fetters imposed on the wife in order to entitle her to receive and continue to receive maintenance
9.	Recovery of the monthly allowance awarded by way of maintenance from the person held liable to pay maintenance
10.	First problem
11.	Second problem
12.	Third problem
13.	Need for conferring right of appeal on the aggrieved party against the order passed by the magistrate under section 125, Cr. P.C
14.	Protection of the awardee in matters where the liable person prefers an appeal
15.	Need for creating the office of Maintenance Counsellor to represent the cause of the wife, child or parent claiming maintenance under section 125, Cr. P.C
16.	The right of the wife, child or parent who has been awarded the monthly allowance should not be allowed to be defeated by the liable person transferring the properties in order to deprive the awardee
17.	Need to provide that the order for monthly allowance shall not stand discharged or satisfied except by actual payment or with a settlement with the imprimatur of the court passing the order for maintenance
Chapter IV	Streamlining of the Procedure with the End in view to Expeditious Disposal of a Proceeding Claiming Maintenance
4.1.	Streamlining of the Procedure with the End in view to Expeditious Disposal of a Proceeding Claiming Maintenance
2.	Filing of statement
3.	Requirement to file statement of objections and the consequences of failure to do so
4,5,6.	Evidence on affidavits
7,8,9.	Power to enforce an order directing the liable person to keep deposited six months' allowance in advance as per the recommendation made in para 3.10
Chapter V	Conclusions and Recommendations
5.1,2	Conclusions and Recommendations
Appendix I	W - Wife; H - Husband; C - Child
Appendix II	List of Respondents
	Judges
	Advocates
	Law Teachers/Jurists
	State Law Depts./Advisory Board
	Organisations
	General Public
Appendix III	Order for Maintenance of Wives, Children and Parents
	Order for maintenance of wives, children and parents
	Procedure
	Alteration in allowance
	Enforcement of order of maintenance