News By/Courtesy: Ojaswi Gupta | 04 Sep 2019 20:36pm IST

HIGHLIGHTS

  • Plea In SC Challenges The Constitutional Validity Of S. 125 CrPC
  • Section 125 of CrPC violates the general spirit Indian Constitution
  • the law on maintenance must be made 'mutual and gender-neutral'

On the grounds of gender inequality, a plea has been filed before the Supreme Court, challenging the constitutional validity of Section 125 of CrPC.

Advocates M S Vishnu Shankar and Sriram Parakkat filed a petition on behalf of Vivek Bhatia on behalf of the Family Court of Dehradun whereby he was directed to pay a monthly allowance to his wife under Section 125 of CrPC.

The petitioner, in this case, contends that he has been directed to pay maintenance to his divorced wife merely on the grounds that the petitioner is physically and mentally well. The court while delivering their judgment, nowhere took into consideration that the petitioner was merely high school graduate. On another hand, his divorced wife was a graduate in English, sociology, and psychology which indicates  self sufficiency on  part of the wife.

Lambasting the aforementioned principle mentioned in Section 125 CrPC, the petitioner has raised his plea on the following grounds,

  1. That Section 125 of CrPC violates the general spirit Indian Constitution while violating Article 14 which is prima facie discriminatory on the grounds of gender, without any reasonable classification.
  2. That its scope is limited to wives only. There is no provision for maintenance of husband.
  3. That aforementioned provision proceeds with the presumption that the men are able to provide maintenance if he is healthy and able-bodied whereas women are able to earn only when she has a source of sufficient income of her own, independent of her husband.
  4. That initially the obligation was imposed on the husband to pay maintenance to his ex-wife as she was deprived of her right in maternal property. However, since this rule is deemed to be obsolete , the law on maintenance must be made 'mutual and gender-neutral'.

Based on the aforementioned conation and others, the petitioner prayed the Hon’ble Apex Court to declare Section 125 of CrPC unconstitutional or read it down in a manner that it is gender-neutral.

Section Editor: Prithvjjit Mukherjee | 13 Sep 2019 22:22pm IST


Tags : #SC #HIGHCOURTS #voilationofconstitution #constitutionofindia #righttoequalapportunity #genderequality #rightoeeuality

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