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inderjit Kaur Vs. Union of India (Uoi) and ors. - Court Judgment

SooperKanoon Citation

Subject

Criminal

Court

Supreme Court of India

Decided On

Case Number

Writ Petition No. 538 of 1988

Judge

Reported in

(1990)1SCC344

Acts

Constitution Of India - Article 32; Code Of Criminal Procedure (Cr.P.C), 1973 - Section 125

Appellant

inderjit Kaur

Respondent

Union of India (Uoi) and ors.

Disposition

Petition Dismissed

Excerpt:


- [k. jagannatha shetty shetty and; k.n. saikia, jj.] -- criminal procedure code, 1973 — section 125 — constitutionality of — challenged on ground of unreasonably limiting the maintenance to rs 500 -- section 125 provides a speedy remedy against starvation of the civil liabilities of parties. writ petition is accordingly dismissed.k. jagannatha shetty shetty and; k.n. saikia, jj.1. in this writ petition under article 32 of the constitution the validity of section 125 crpc has been challenged on the ground that the section unreasonably limits the maintenance to rs 500 for individual. section 125 provides a speedy remedy against starvation of the civil liabilities of parties. the order made thereunder is tentative and it is subject to the final determination of the rights in civil court. we, therefore, see no reason to issue rule nisi. writ petition is accordingly dismissed.

Judgment:


K. Jagannatha Shetty Shetty and; K.N. Saikia, JJ.

1. In this writ petition under Article 32 of the Constitution the validity of Section 125 CrPC has been challenged on the Ground that the section unreasonably limits the maintenance to Rs 500 for individual. Section 125 provides a speedy remedy against starvation of the civil liabilities of parties. The order made thereunder is tentative and it is subject to the final determination of the rights in civil court. We, therefore, see no reason to issue rule nisi. Writ petition is accordingly dismissed.


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