M A I N   N E W S

Centre removes ceiling on maintenance allowance

New Delhi, May 22
In a major decision having far-reaching effect on the social system, the government today decided to remove the ceiling on maintenance allowance given to wives, children and parents in case of separation.

It had also decided to amend Section 125 of the Code of Criminal Procedure Act to ensure that the application for interim maintenance and expenses for proceedings should be disposed of within 60 days from the date of service of notice. The Cabinet has also decided to amend four Personal Marriage Acts to ensure that the proposed amendments to the Code of Criminal Procedure Act are in tune with the amended marriage laws.

Announcing the Cabinet decision, Law and Justice Minister Arun Jaitley told mediapersons the proposed amendments were with a view to provide relief to wives/children/parents in a time-bound manner and to do away with the ceiling of Rs 500, fixed a long time ago.

Mr Jaitley said a Bill amending the Criminal Procedure Act, 1973, would be introduced in Parliament to make suitable amendments in the Chapter IX Section 125 (1) and 127(1) of the Code of Criminal Procedure, 1973.

Under the existing provision, if any person having sufficient means, neglects or refuses to maintain his wife, children or parent unable to maintain herself/himself, a Magistrate of the first class may order such person to pay maintenance allowance subject to certain conditions.

The payment of maintenance to wives, children and parents is primarily a matter to be decided in accordance with the personal laws applicable to the parties but the provision was inserted in the criminal law in order to avoid vagrancy and destitution.

The four personal Acts, which would be amended, are the Indian Divorce Act, 1869, the Special Marriage Act, 1954, the Hindu Marriage Act, 1955 and the Parsi Marriage and Divorce Act, 1936. No amendment is being made in the Muslim personal law as the issue was settled in the famous Shahbano case in 1986.

Mr Jaitley said action would be taken to introduce the necessary Bill in the monsoon session of Parliament.

The government has been proposing to amend various personal laws in view of sweeping changes in the economic and social status in the past several decades. It had already introduced a Bill, the Indian Divorce (Amendment) Bill, 2000, for removing the gender bias in Section 10 of the 1869 Act along with certain other substantive and consequential amendments. UNI