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2002 DIGILAW 999 (PNJ)

K. D. Sehgal (Advocate) Chairman, Public Interest Litigation Cell v. Union Of India

2002-09-27

G.S.SINGHVI

body2002
Judgment C.S.Singhvi, J. 1. This petition has been filed in public interest for striking down Section 125(1)(d) of the Code of Criminal Procedure on the ground that upper limit of Rs. 500/- prescribed therein is arbitrary, unreasonable and wholly incompatible with the extended meaning of the concept of life given by the Courts while interpreting Article 21 of the Constitution. 2. At the hearing, Shri Gurpreet Singh pointed out that the expression "not exceeding rupees five hundred in the whole" appearing in Clause (b) of Section 125(1) of the Code of Criminal Procedure has been omitted by an amending Act 50 of 2001. He also pointed out that with effect from 24.9.2001, there is no upper limit of the amount of maintenance which the Court can award to the wife, children and parents. 3. In view of the aforesaid development, the writ petition is disposed of as infructuous.