MANOJ YADAV Vs. PUSHPA ALIAS KIRAN YADAV

JUDGEMENT

(1.) Yesterday (22-11-2010) we had passed an order in this case, but subsequently Ms. Kamini Jaiswal, whom we had requested to be Amicus Curiae in this case, informed us that the above order requires some modification. We agree with this submission, and accordingly we are modifying the order passed yesterday.

(2.) It appears that in the original Code Criminal Procedure of 1973 the maximum maintenance which could be granted by the Magistrate under Section 125 Code of Criminal Procedure was Rs. 500/- per month. Subsequently by the Code Criminal Procedure (Amendment) Act of 2001 enacted by Parliament the words "not exceeding five hundred rupees in the whole" in Section 125 were deleted w.e.f. 24.9.2001.

(3.) In the Statement of Objects to the Act of 2001 it was stated: