web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

CrPC 125 Must Go From Statute Book. The Prayer

Posted on May 25, 2019 by ShadesOfKnife

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.


 

  1. 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.

 

  1. 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.

 

  1. 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.
    1. 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.
    2. Per Section 5(4), Statutory limit imposed on time taken to dispose of the case, which is 90 days.
      1. This has to be 30 days as in other maintenance laws.
    3. 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.

      1. This has to be 30 days as in other maintenance laws.

 

  1. 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.:

  1. 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.
  2. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.
    1. Giving effect to Article 15(1) of Constitution of India is equally important as to giving effect to Article 15(3).

 

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Judicial Activism (for Public Benefit) | Tagged PIL - CrPC 125 Must Go From Statute Book

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023 September 24, 2023
  • Judgments on Transfer Petitions September 23, 2023
  • Implementation of A4 paper usage in District Courts in Andhra Pradesh September 22, 2023
  • Showkat Aziz Zargar Vs Nabeel Showkat and Anr on 02 Sep 2022 September 18, 2023
  • Sumeet Vs Himani Sumeet Ninave Nee on 29 Mar 2023 September 15, 2023

Most Read Posts

  • In Re Policy Strategy for Grant of Bail (Guidelines Issued) on 31 Jan 2023 (3,078 views)
  • Sindhu Janak Nagargoje Vs The State of Maharashtra and Ors on 08 Aug 2023 (2,104 views)
  • Rakesh Raman Vs Kavita on 26 Apr 2023 (1,655 views)
  • Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023 (1,617 views)
  • Sana Nitish Kumar Reddy Vs State of Telangana on 26 April 2023 (1,460 views)
  • Captain Manjit Singh Virdi (Retd.) Vs Hussain Mohammed Shattaf and Ors on 18 May 2023 (1,302 views)
  • Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023 (1,208 views)
  • Dhananjay Mohan Zombade Vs Prachi Dhananjay Zombade on 18 Jul 2023 (1,193 views)
  • Swapan Kumar Das Vs State of West Bengal on 21 Aug 2023 (1,128 views)
  • Kantharaju Vs State of Karnataka on 17 Jul 2023 (933 views)

Tags

Reportable Judgement or Order (352)Legal Procedure Explained - Interpretation of Statutes (344)Landmark Case (330)2-Judge (Division) Bench Decision (285)Catena of Landmark Judgments Referred/Cited to (229)Work-In-Progress Article (217)1-Judge Bench Decision (187)Sandeep Pamarati (91)3-Judge (Full) Bench Decision (86)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (56)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (52)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (44)Not Authentic copy hence to be replaced (38)CrPC 482 - Quash (38)Advocate Antics (35)HM Act 13 - Divorce Granted to Husband (34)Rules of the Act/Ordinance/Notification/Circular (33)

Categories

Supreme Court of India Judgment or Order or Notification (656)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (300)High Court of Andhra Pradesh Judgment or Order or Notification (161)High Court of Delhi Judgment or Order or Notification (113)High Court of Bombay Judgment or Order or Notification (94)High Court of Karnataka Judgment or Order or Notification (73)High Court of Madras Judgment or Order or Notification (58)General Study Material (55)Assorted Court Judgments or Orders or Notifications (49)Prakasam DV Cases (46)High Court of Punjab & Haryana Judgment or Order or Notification (46)LLB Study Material (45)High Court of Allahabad Judgment or Order or Notification (43)District or Sessions or Magistrate Court Judgment or Order or Notification (42)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (31)High Court of Madhya Pradesh Judgment or Order or Notification (28)High Court of Gujarat Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (20)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on All Reliefs from Judiciary
  • Anuj Rathi on All Reliefs from Judiciary
  • ShadesOfKnife on Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022
  • HARPREET KAUR on Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022
  • ShadesOfKnife on All Reliefs from Judiciary

Archives of SoK

  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (100)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • MIA (Miami) on 2023-10-10 October 10, 2023
    THIS IS A SCHEDULED EVENT Oct 10, 03:30 - 10:00 UTCSep 12, 05:40 UTCScheduled - We will be performing scheduled maintenance in MIA (Miami) datacenter on 2023-10-10 between 03:30 and 10:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • ORD (Chicago) on 2023-10-05 October 5, 2023
    THIS IS A SCHEDULED EVENT Oct 5, 03:00 - 10:00 UTCSep 26, 15:00 UTCScheduled - We will be performing scheduled maintenance in ORD (Chicago) datacenter on 2023-10-05 between 03:00 and 10:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • AKL (Auckland) on 2023-10-03 October 3, 2023
    THIS IS A SCHEDULED EVENT Oct 3, 12:00 - 20:00 UTCSep 26, 02:40 UTCScheduled - We will be performing scheduled maintenance in AKL (Auckland) datacenter on 2023-10-03 between 12:00 and 20:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 113.161.143.117 | S September 29, 2023
    Event: Bad Event | Total: 15 | First: 2021-09-10 | Last: 2023-09-29
  • 165.56.11.54 | S September 29, 2023
    Event: Bad Event | Total: 4 | First: 2023-08-25 | Last: 2023-09-29
  • 141.98.6.218 | S September 29, 2023
    Event: Bad Event | Total: 68 | First: 2023-09-18 | Last: 2023-09-29
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1051 access attempts in the last 7 days.

pixel