Deciding Authority: Supreme Court of India
Name of the Judges: Justice Markandey Katju, Justice Gyan Sudha Misra
Date of Judgment: 22 November 2010
Facts of the Case: The petitioner was the husband who challenged an order under Section 125 Cr. P.C awarding maintenance of Rs. 4000/- per month to the wife. Learned counsel for the petitioner submitted that by a State amendment in Madhya Pradesh to Section 125 Cr.P.C. The maximum amount which can be awarded in Madhya Pradesh as Maintenance is Rs. 3,000/-. Learned counsel for the respondent was granted two weeks time for filing an application challenging the Constitutional validity of Madhya Pradesh Act 50 of 2004. by which the maximum limit of Rs. 3000/- per month has been fixed for granting maintenance under Section 125 CrPC. Issue notice to the State of Madhya Pradesh returnable in four weeks.
Judgment: The Court was informed that the States of west Bengal, Tripura and Maharshtra have also fixed a maxium limit of Rs. 1500/- as maintenance under Section 125 CrPC, by State Laws. In prima facie opinion of the Court such laws are unconstitutional being violative of Articles 14 and 21 of the Constitution. Issue notice also to these three State Goverments. The Central Government also may file reply within four weeks. Issue notice to the Central Government and Union of India. These Governments and above mentioned State Goverments will be impleaded as respondents in this Case. The Court Ms. Kamini Jaiswal to assist this Court as amaicus curiea in this case. The Court issued notices to these governments in this case because in our prima facie opinion the above mentioned amendments are unconstitutional being violative of Article 14 and 21 of the Constitution because the husband may be earning a huge money and to award a petty amount to the wife is wholly arbitrary and unconscionable in these days of inflation.
Ratio: No doubt the object of Section 125 Cr.P.C. is to orevent vagrancy, but vagrancy is relative word. For many women awarding them Rupees 1500/- per month, or even Rs. 3,000/- per month may amount to keeping them in a condition of vagrancy.
Order: The case was listed again on 11 January 2011.
By: Roopali Mohan, 2nd Year, Vivekananda Institute of Professional Studies, New Delhi
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