86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
CODE OF CRIMINAL PROCEDURE (MAHARASHTRA AMENDMENT) ACT, 1998
(MAHARASHTRA ACT NO. XXI OF 1999)
(First published after having received the assent of the President in the Maharashtra Government Gazette, on the 20th April 1999).
An Act further to amend the Code of Criminal Procedure, 1973, in its application to the State of Maharashtra.
WHEREAS the Government of Maharashtra has announced a policy for women with a view to promote of welfare of women;
AND WHEREAS for implementation of the said policy the, Government of Maharashtra has, inter alia, decided to suitably amend the provisions of the Code of Criminal Procedure, 1973, (2 of 1974.) in its application to the State of Maharashtra, providing for raising the ceiling on maintenance allowance payable under section 125 of the Code, payment of interim maintenance allowance and payment of lump-sum maintenance allowance for a specific period in’ lieu of monthly payment of maintenance allowance for that period, in deserving eases, where the applicant is a wife;
AND WHEREAS it is expedient further to amend the Code of Criminal Procedure, 1973, (2 of 1974.) in its application to the State of Maharashtra, for the purposes aforesaid; It is hereby enacted in the Forty-ninth Year of the Republic of India as follows:--
SECTION 01: SHORT TITLE
This Act may be called the Code of Criminal Procedure (Maharashtra Amendment) Act, 1998.
SECTION 02: AMENDMENT OF SECTION 125 OF ACT II OF 1974
Section 125 of the Code of Criminal Procedure, 1973, 2 of 1974.) in its application to the State of Maharashtra (hereinafter referred to as “the said Code’),--
(a) in sub-section (1),---
(i) for the words ‘not exceeding live hundred rupees the words “not exceeding fifteen hundred rupees” shall be substituted;
(ii) before the existing proviso, the following proviso shall be inserted, namely:-- “Provided that, the Magistrate, on an application or submission being made, supported by an affidavit by the person who has applied for the maintenance under this sub-section, for payment of interim maintenance, on being satisfied that, there is a prima fade ground for making such order, may direct the person against whom the application for maintenance has been made, to pay a reasonable amount by way of interim maintenance to the applicant, pending the final disposal of the maintenance application:
Provided further that, such order for payment of interim maintenance may, in an appropriate case, also be made by the Magistrate ex-parte, pending service of notice of the application, subject, however, to the condition that such an order shall be liable to be modified or even cancelled after the respondent is heard in the matter:
‘Provided also that, subject to the ceiling laid down under this sub-section, the amount of interim maintenance shall, as far as practicable, be not less than thirty per cent, of the monthly income of the respondent.;
(iii) in the existing proviso, for the words “Provided that’ the words Provided also that’ shall be substituted;
(b) after sub-section (2), the following sub-section shall be inserted, namely;-- “(2-A) Notwithstanding anything otherwise contained in sub sections (1) and (2), where an application is made by the wife under clause (a) of sub-section (1) for the maintenance allowance, the applicant may also seek relief that the order may be made for the payment of maintenance allowance in lump-sum in lieu of the payment of monthly maintenance allowance, and the Magistrate may, after taking into consideration all the circumstances obtaining in the case including the factors like the age, physical condition, economic conditions and other liabilities and commitments of both the parties, pass an order that the respondent shall pay the maintenance allowance in lump-sum in lieu of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or for such period which may exceed five years, as may be mutually agreed to, by the parties.’;
(c) in sub-section (3)---
(i) after the words ‘so ordered’ the words, brackets, figures and letter either under sub-section (1) or sub-section (2-A), as the case ‘may be” shall be inserted;
(ii) after the words ‘each month’s allowance’ the words ‘or, as the ca may be, the lump-sum allowance to be paid in lieu of the monthly allowance” shall be inserted.
SECTION 03: AMENDMENT OF SECTION 127 OF ACT 11 OF 1974
ln ‘section 127 of the said Code,---
(a) in sub-section (1), in the proviso, for the words ‘five hundred rupees” the words “fifteen hundred rupees shall be substituted;
(b) in sub-section (4),---
(i) for the words monthly allowance, where they occur for the first time the words ‘maintenance allowance’ shall be substituted;
(ii) after the words ‘monthly allowance’, where they occur for the second time, the words ‘or, as the case may be, the lump-sum allowance” shall be inserted.
86540
103860
630
114
59824