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This is an archive article published on May 27, 1999

Maintenance allowance under CrPC hiked

Mumbai, May 26: The Government of Maharashtra has amended the Code of Criminal Procedure CrPC and raised the ceiling on maintenance all...

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Mumbai, May 26: The Government of Maharashtra has amended the Code of Criminal Procedure CrPC and raised the ceiling on maintenance allowance payable under section 125 of the Act from Rs 500 to Rs 1,500. The CrPC has also been amended to provide for interim maintenance allowance and payment of lumpsum allowance for a specific period in lieu of monthly payment of maintenance allowance, in cases where the applicant is a wife.

This makes Maharashtra only the second state in the country to take this progressive step, the first one being West Bengal which amended the Act way back in 1992.

Section 125 of the CrPC is a clause which allows any dependent individual to seek maintenance from a relative, which could be a sister, brother, mother or father, and of course a wife. Though section 1258217;s most attractive feature was a quick resolution of cases under the CrPC, most women hesitated seeking maintenance under this Act because of the low allowance of a maximum of Rs 500.

The act which was passed in the laststate assembly session came into effect after its publication in the state government gazette on April 20, 1999. Terming it a welcome move, noted activist Flavia Agnes, who runs the legal aid cell Majlis, said, 8220;Under the earlier CrPC a mother with, say, two children would get around Rs 200-300 for each child and herself which would round off to Rs 1,000 at the most. This amendment would atleast ensure a monthly allowance of Rs 1500 to Rs 2000 for the family,8221; she told the Express Newsline.

Also, since the earlier amount was so meagre, divorced women did not seek maintenance under this Act. Now that the amendment has been introduced, even if a man is earning Rs 10,000, a woman with two children could straightaway file for Rs 4,500 as maintenance allowance.

Agnes is a bit sceptical about the lumpsum amount, though, since it is a new feature introduced for the first time. 8220;Since CrPC has summary proceedings in such matters, the lumpsum amount clause could be a small problem. Nonetheless, it is anextremely positive step,8221; she told Express Newsline.

 

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