Disputes of Husbands and wives are supposed to be decided in civil courts.
Not in criminal courts. They are not the hard core criminals as we understand.
Earlier in times of Britishers, it was noticed that many husbands used to desert their wives.
The deserted wife then had to beg or to sell her virtue to survive.
To overcome, this situation, a speedy remedy was desired.
A provision was made in Criminal Procedure that Magistrate can order husband to pay maintenance per month and can send him to jail if he refuses to do so.
Up to Earlier than, 1980's the upper limit of order was maximum Rs.500/- per month only. Then, Parliament increased limit to Rs.1,000/-, then increased it to 1500/- and then increased to unlimited amount.
Upper limit on power of Magistrate on how much amount he can order, was removed by Parliament.
Since then, as soon as disputes break out, wife moves Magistrate for maintenance and sometimes asks Rs.25,000/- to Rs.1,00,000/- per month or more as per her status. If the husband is serving in foreign country in some multinational company- he instantly faces chance of losing job on account of this criminal case in India....
Husbands are summoned in criminal court to face the case.
These are misuses of good laws.
The wife nowadays, no more wants to go to civil court get her civil rights decided.
Her first choice is to file a criminal case against husband and in laws for maintenance.
This is how well-meant laws are abused. This is how families are broken in India.
Haresh Raichura
21/5/13 13:51
Not in criminal courts. They are not the hard core criminals as we understand.
Earlier in times of Britishers, it was noticed that many husbands used to desert their wives.
The deserted wife then had to beg or to sell her virtue to survive.
To overcome, this situation, a speedy remedy was desired.
A provision was made in Criminal Procedure that Magistrate can order husband to pay maintenance per month and can send him to jail if he refuses to do so.
Up to Earlier than, 1980's the upper limit of order was maximum Rs.500/- per month only. Then, Parliament increased limit to Rs.1,000/-, then increased it to 1500/- and then increased to unlimited amount.
Upper limit on power of Magistrate on how much amount he can order, was removed by Parliament.
Since then, as soon as disputes break out, wife moves Magistrate for maintenance and sometimes asks Rs.25,000/- to Rs.1,00,000/- per month or more as per her status. If the husband is serving in foreign country in some multinational company- he instantly faces chance of losing job on account of this criminal case in India....
Husbands are summoned in criminal court to face the case.
These are misuses of good laws.
The wife nowadays, no more wants to go to civil court get her civil rights decided.
Her first choice is to file a criminal case against husband and in laws for maintenance.
This is how well-meant laws are abused. This is how families are broken in India.
Haresh Raichura
21/5/13 13:51
