Deepak Kumar Vasudevan ((Confidential)) 15 September 2010
Dear Friends,
I was browsing through a few IPC PDFs and have one general query. Most of the laws have a section and/or disclaimer as below:
(2) It extends to the whole of India, except the State of Jammu and Kashmir.
Sometimes the exemption applies to North Eastern states too.
I have a query on why does the enacted laws do this type of discrimination. I believe because of these indiscriminate discrimination only aliens are attacking these poor regions right?
Anyone to help clarify these?
N.K.Assumi (Advocate) 15 September 2010
See Sub Clause (a) Clause (1) of Section 125 CrPc:: his wife, unable to maintain herself or.No doubt the inability of the wife ro maintain herself is a condition precedent to grant maintenance under section 125 CrPc, much depends on her age, her income etc. As for example if a woman of 50 years is working as a labourer for her survival it can not be said that she can not claim maintenance from her husband.
Deepak Kumar Vasudevan ((Confidential)) 15 September 2010
Dear Assumi,
It looks like you posted the reply to an incorrect thread. Your response and the query does not seem to be tallying.
N.K.Assumi (Advocate) 15 September 2010
Sorrry for the wroung posting to the query: which was meant for 125 CrPc.
Regarding your query even in Nagaland that CrPc section 1 claerly specify only certain provisions like Chapters VIII, X and XI applies: refer to the case as reported in (1966) 3 SCR 830 (854) and the rest of the proviasions apply only in spirit and if they are to be apply it has to come down from the cabinet decision, in other words the lae is supply by the Cabinet decision. And what is the meaning of spirit is a bit un happy one. Does it mean that the court can touch the Code only softly and not whole heartedly? This creates more problems in the court. Once again sorry for the wrong postings.
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