MANOJ YADAV v.

PUSHPA @ KIRAN YADAV (SLP(Crl.) No. 6568 of 2009)

Criminal Appeal No. 107 of 2011 NOVEMBER 22, 2010

[MARKANDEY KATJU AND GYAN SUDHA MISRA, JJ.]

[2010] 13 (ADDL.) SCR 894

The following order of the Court was delivered

ORDER

The petitioner is the husband who is challenging an order under Section 125 Cr. P.C  

awarding maintenance of Rs. 4000/- per month to the wife. Learned counsel for the petitioner  

submitted  that  by  a  State  amendment  in  Madhya  Pradesh  to  Section  125  Cr.P.C.  the  

maximum amount which can be awarded in Madhya Pradesh as Maintenance is Rs. 3,000/-.

Learned counsel for the respondent is granted two weeks time for filing an application  

challenging  the  Constitutional  validity  of  Madhya  Pradesh  Act  50  of  2004.  by  which  the  

maximum limit of Rs. 3000/- per month has been fixed for granting maintenance under Section  

125 CrPC. Issue notice to the State of Madhya Pradesh returnable in four weeks.

We have been informed that the States of west Bengal, Tripura and Maharshtra have also  

fixed a maxium limit of Rs. 1500/- as maintenance under Section 125 CrPC, by State Laws.

In our prima facie opinion such laws are unconstitutional being violative of Articles 14 and  

21 of the Constitution.

Issue notice also to these three State Goverments. The Central Government who also  

may file reply within four weeks.

Issue notice to the Central  Government and Union of India.  These Governments and  

above mentioned State Goverments will be impleaded as respondents in this Case.

We request Ms. Kamini Jaiswal to assist this Court as amaicus curiea in this case.

We are issuing notices to these governments in this case because in our prima facie  

opinion the above mentioned amendments are unconstitutional being violative of Article 14  

and 21 of the Constitution because the husband may be earning a huge money and to award a  

petty amount to the wife is wholly arbitrary and unconscionable in these days of inflation.

No doubt the object of Section 125 Cr.P.C. is to orevent vagrancy, but vagrancy is relative  

word. For many women awarding them Rupees 1500/- per month, or even Rs. 3,000/- per  

month may amount to keeping them in a condition of vagrancy.

List this case again on 11th January 2011. Copies of this Petition will be supplied by counsel  

for the parties to the State Goverments mentioned in this order and also to the Central Government.  

Office will supply copy of this petition and this order free of charges to Ms. Kamini Jaiswal  

forthwith.