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Wednesday, June 19, 2013  

Maintenance laws must help needy, not greedy: Court
NEW DELHI The maintenance laws are “designed to help the needy and not the greedy”, the Delhi High Court has said while expressing displeasure at the misuse of the benevolent provisions to settle personal scores.

The court’s remark, in a recent order, came on a plea filed by an elderly woman seeking enhancement of the maintenance amount from her retired husband and two working sons, based in Australia and Mumbai.

The court observed that Section 125 of Code of Criminal Procedure (CrPC) was meant for maintenance of needy women, children and elderly.

“The petitioner (elderly woman) seems to be trying to abuse the benevolent provisions of Section 125 CrPC.

This section is designed to help the needy and not the greedy. It is not meant for settling personal scores, but it is experienced that it is often being misused and the present case is an instance,” Justice ML Mehta said in a recent order.

Upholding the lower court order, Justice Mehta asked the petitioner’s husband to continue paying Rs4,500 per month to her as maintenance.

The woman’s son living in Australia was told to pay her 100 Australian dollars every month, while her second son living in Mumbai was told to pay Rs1,500 per month.

Indo-Asian News Service
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