CrPC
125 is meant to serve as a tool to prevent destitution. Highly
qualified Indian women have been harassing their husbands by filing
these cases to sit on their butts and collect healthy tax free pay
checks.
Justice
Dhingra has turned his attention to putting an end to this malaise of
laziness. This judgment embodies everything that can be done to end
the abuse of CrPC 125.
Here
is the text of this short and sharp judgment:
The
petitioner who is an MBBS qualified Doctor and admittedly had been in
practice before, claims that she was sitting at home despite being a
qualified Doctor and does not work. The petitioner claimed
maintenance against her husband who is in service. The Trial Court
granted maintenance of Rs.4,000/- per month. This petition is made
against observation of the Trial Court that she was working somewhere
and earning around Rs.8,000 to 10,000/- PM and that the maintenance
granted by the Trial Court was made subject to adjustment of the
maintenance being received by her under Section 125. Since counsel
for the petitioner states that petitioner is not working anywhere,
despite being a qualified Doctor, I consider that as she is receiving
maintenance from husband, the Court should not allow her experience
and qualification to go waste. I consider that she should be directed
to work as a honorary Doctor in some public welfare institute or
school free of charges where she can take care of health of the poor
people. Let her come to Court and give an undertaking that she was
prepared to work without charging anything in any institution named
by this Court around her house minimum 5 hours a day and 6 days a
week, so long she receives maintenance from her husband on the plea
of being unemployed.
Here
is the judgment: Justice
Dhingra’s Landmark Judgment On Purpose Of CrPC 125
http://ipc498a.files.wordpress.com/2008/10/justice-dhingra-hammers-crpc-125-into-shape.pdf
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