Sunday, August 4, 2013

Justice Dhingra’s Landmark Judgment On Purpose Of CrPC 125


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.


http://ipc498a.files.wordpress.com/2008/10/justice-dhingra-hammers-crpc-125-into-shape.pdf

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