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1 - 9 of 9 (0.51 seconds)Section 127 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Chaturbhuj vs Sita Bai on 27 November, 2007
10. It is well settled that the object of Section 125 CrPC is to prevent
vagrancy and destitution of a deserted wife by providing her maintenance
for the food, clothing and shelter by a speedy remedy. Section 125 Cr.P.C
has been brought in to bring down the agony and financial hardships faced
by a woman who had to leave her matrimonial home because of harassment
Signature Not Verified
Digitally Signed CRL.REV.P. 102/2018 Page 5 of 9
By:RAHUL SINGH
Signing Date:15.10.2024
19:54:45
and cruelty meted out to her. Section 125 CrPC enables the deserted wife to
sustain herself and her child by making some arrangements and the same is
not to punish a person for his past neglect, but to prevent vagrancy.The
Apex Court in Chaturbhuj v. Sita Bai, (2008) 2 SCC 316, has observed as
under:-
Ramesh Chander Kaushal vs Veena Kaushal & Ors on 27 April, 1978
"6. The object of the maintenance proceedings is not to
punish a person for his past neglect, but to prevent
vagrancy by compelling those who can provide support
to those who are unable to support themselves and who
have a moral claim to support. The phrase "unable to
maintain herself" in the instant case would mean that
means available to the deserted wife while she was
living with her husband and would not take within
itself the efforts made by the wife after desertion to
survive somehow. Section 125 CrPC is a measure of
social justice and is specially enacted to protect
women and children and as noted by this Court in
Captain Ramesh Chander Kaushal v. Veena Kaushal
[(1978) 4 SCC 70 : 1978 SCC (Cri) 508 : AIR 1978
SC 1807] falls within constitutional sweep of Article
15(3) reinforced by Article 39 of the Constitution of
India. It is meant to achieve a social purpose. The
object is to prevent vagrancy and destitution. It
provides a speedy remedy for the supply of food,
clothing and shelter to the deserted wife. It gives
effect to fundamental rights and natural duties of a
man to maintain his wife, children and parents when
they are unable to maintain themselves.
Article 39 in Constitution of India [Constitution]
Savitaben Somabhai Bhatiya vs State Of Gujarat And Ors on 10 March, 2005
The aforesaid
position was highlighted in Savitaben Somabhai
Bhatiya v. State of Gujarat [(2005) 3 SCC 636 : 2005
SCC (Cri) 787 : (2005) 2 Supreme 503].
Section 498A in The Indian Penal Code, 1860 [Entire Act]
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