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Section 2   [ View Judgements ]

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.

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