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