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1989 Supreme(SC) 3
SUPREME COURT OF INDIA
K.Jagannatha Shetty : K.N.Saikia
Inderjit Kaur
Versus
Union Of India
Case No. : 538 of 1988
Date of Decision : 1/2/89
Advocates Appeared: Dubey Prabha : Gupta K.K. : Katara Parmanand
K.K.GUPTA, Parmanand Katara, Prabha Dubey
Headnote:
Criminal Procedure Code – Section 125 – Constitution of India, 1950 - Article 32 - Final determination of rights - Starvation of civil liabilities - In this writ petition under Article 32 of the Constitution the validity of S. 125 Criminal Procedure Code has been challenged on the Ground that the S. unreasonably limits the maintenance to Rs. 500.00 for individual. S. 125 provides a speedy remedy against starvation of the civil liabilities of parties – Held, Order made thereunder is tentative and it is subject to the final determination of the rights in civil court. We, therefore, see no reason to issue rule nisi - Writ petition is accordingly dismissed
(1) IN this writ petition under Article 32 of the Constitution the validity of S. 125 Criminal Procedure Code has been challenged on the Ground that the S. unreasonably limits the maintenance to Rs. 500.00 for individual. S. 125 provides a speedy remedy against starvation of the civil liabilities of parties. The order made thereunder is tentative and it is subject to the final determination of the rights in civil court. We, therefore, see no reason to issue rule nisi. Writ petition is accordingly dismissed.
