Here is a Sample/template for absent petition under section 317 of Cr.P.C.
Author: ShadesOfKnife
IPC 228 – Intentional insult or interruption to public servant sitting in judicial proceeding
228. Intentional insult or interruption to public servant sitting in judicial proceeding.
—Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
State Amendment Andhra Pradesh.
—In Andhra Pradesh offence under section 228 is cognizable. [Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991].
IPC 210 – Fraudulently obtaining decree for sum not due
210. Fraudulently obtaining decree for sum not due.
—Whoever fraudulently obtains a decree or order against any person for a sum not due or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
IPC 208 – Fraudulently suffering decree for sum not due
208. Fraudulently suffering decree for sum not due.
—Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Illustration
A institutes a suit against Z. Z knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.
IPC 207 – Fraudulent claim to property to prevent its seizure as forfeited or in execution
207. Fraudulent claim to property to prevent its seizure as forfeited or in execution.
—Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
IPC 206 – Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.
—Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
IPC 205 – False personation for purpose of act or proceeding in suit or prosecution
205. False personation for purpose of act or proceeding in suit or prosecution.
—Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Shabnam Parveen Vs The State of West Bengal and Ors on 24 November, 2017
High Court of Calcutta (appellette side) has held that u/s 36 of PWDV Act, PWDV Act provisions are in addition to existing laws and basing that argument held that since the complainant (Shabnam Parveen) and the respondent are mohammaden, the respondent, being father-in-law, is under no obligation to provide maintain allowance to the widow of his son namely the petitioner
Indiankanoon.org link: https://indiankanoon.org/doc/33442063/
Reference: https://www.livelaw.in/muslim-father-in-law-no-obligation-maintain-sons-widow-dv-act-calcutta-hc-read-judgment/
Index of Domestic Violence cases is here.
CrPC 125 Must Go From Statute Book. The Prayer
The prayers section should give anyone interested in this PIL, a fair understanding on the attack vector. The detailed analysis is available here. The Thought journey began here.
- Strike down/amend/alter appropriately and sufficiently, the set of Sections 125 to 128 of Code of Criminal Procedure so as to be made applicable to divorced women only, as they are the only class of citizens, who are not covered by the later special enactments in DV Act 2005 and Senior Citizens 2007.
Only the divorced women should be allowed to file for maintenance under Section 125(1) Cr.P.C. along with a copy of the divorce decree. All other classes of citizens those that are in married, widowed, marriage-like relationships, children (both legitimate and illegitimate), parents (senior citizens, adoptive parents, step parents should be barred to file for maintenance under Section 125(1) Cr.P.C. as they are covered by the later special enactments in Section 20(1)(d) of DV Act 2005 and Senior Citizens 2007. Allowing them multiple/ dual reliefs via special laws over and above general law, under same set of facts/allegations against same respondents, is nothing but legally allowing/approving to lead to Res Judicita and this Honorable Court has sufficient power and duty to do the substantial equity and justice.
- Strike down/amend/alter appropriately and sufficiently, the following provisions of 20(1)(d) of DV Act 2005, so as to remove the violative words/phrases – “including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974)”. This follows from the prayer #1 above and is in consequence to the same and helps to strike down the malice/violation of fundamental rights of Senior Citizens, caused by these words/phrases.
- Strike down/amend/alter appropriately and sufficiently, the Senior Citizens Act 2007 so as to remove the violative words/phrases caused by the malice/violation of fundamental rights of Senior Citizens, caused by this words/phrases.
- Section 9(2), hard Ceiling of Maximum monthly maintenance of only Rs.10,000/- in cash can be granted by RDO who is Maintenance Officer.
- Per Section 5(4), Statutory limit imposed on time taken to dispose of the case, which is 90 days.
- This has to be 30 days as in other maintenance laws.
- Per Section 16(1), Any senior citizen or a parent, as the case may be, aggrieved by an order of a
Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal
Provided further that the Appellate Tribunal may, entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.- This has to be 30 days as in other maintenance laws.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to all the Trial and Family Courts in India, adjudicating cases under all these three enactments, in every such case, where the Complainant seeks interim relief of maintenance allowance, invoke the time limit for case disposal available in the statute, mandatorily.
E.g.:
- a) For every application filed under Sec 125(1)(d) of Cr.P.C, invoking second proviso seeking interim relief of maintenance, mandatory invocation of invoking third proviso under Sec 125(1)(d) of Cr.P.C, disposing of the interim maintenance case in 60 days, should be a must.
- b) For every application filed under Sec 23 of DV Act 2005 seeking interim relief of maintenance, mandatory invocation of Sec 12(5) disposing of the main DV application under Sec 12(1) in 60 days, should be a must.
This effectively caters to the needs of the genuine victims with timely relief and hampers the mischief played by fraudulent complainants. They cannot seek one relief of Interim maintenance and not seek another relief of disposal in 60 days. This has to be viewed with an eye of suspicion.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to all the Trial and Family Courts in India, adjudicating cases under Section 125 Cr.P.C. enactments, to convert/transfer every such case filed by a non-divorcee/any child(or)children, into a case under DV Act 2005 and dispose of same as per Section 12(5) within 60 days, under the powers of Supreme Court, High Court and Sessions Court u/s 406, 407 and 408 Cr.P.C. respectively, as the case may be.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus to all the Trial and Family Courts in India, adjudicating cases under Section 125 Cr.P.C. enactments, to convert/transfer every such case filed by any parent(s) or a Senior Citizen, into a case under Senior Citizens Act 2007 and dispose of same as per Section 5(4) within 60 days.
- Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to the Respondents to formulate a comprehensive maintenance enactment, catering to the needs of all the members within a family, who live in a domestic relationship and under a roof of a shared/common household, without discriminating to only certain classes of citizens such as Senior Citizens in India.
- Giving effect to Article 15(1) of Constitution of India is equally important as to giving effect to Article 15(3).
Lalita Toppo Vs State of Jharkhand and Anr on 30 October, 2018
This is another judgment from Supreme Court of India, where in it was held that Women In Live-In Relationships Entitled To Maintenance under PWDV Act.
3. In fact, under the provisions of the DVC Act, 2005 the victim i.e. estranged wife or live-in-partner would be entitled to more relief than what is contemplated under Section 125 of the Code of Criminal Procedure, 1973, namely, to a shared household also.
Citations: [2018 SCC ONLINE SC 2301], [2019 SCC 13 796], [2019 SCC CRI 4 701], [2018 AIR SC SUPP 2583]
Other Source links:
https://indiankanoon.org/doc/6354756/
https://www.casemine.com/judgement/in/5d848cea714d58266e07f49e
The index page is here.