THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
[1][CHAPTER XXXVI
OF THE MAINTENANCE
OF WIVES AND CHILDREN
488. Order
for maintenance of wives and children. (1) If any person
having sufficient means neglects or refuses to maintain his wife or his
legitimate or illegitimate child unable maintain itself, [2][...]
a Magistrate of the first class may, upon proof of such neglect or refusal,
order such person to make a monthly allowance for the maintenance of his wife
or such child, at such monthly rate, not exceeding four hundred rupees in the
whole, as such Magistrate thinks fit and to pay the same to such person as the
magistrate from time to time directs.
(2) Such allowance shall be
payable from the date of the order, or if so ordered from the date of the
application for maintenance.
(3) Enforcement
of order. If any person so ordered fails without sufficient
cause to comply with the order, any such Magistrate may, for every breach of
the order issue a warrant for levying the amount due in manner hereinbefore
provided for levying fines, and may sentence such person, for the whole or any
part of such month's allowance remaining unpaid after the execution of the
warrant, to imprisonment for a term which may extend to one month or until
payment if sooner made:
Provided that, if such person offers to maintain
his wife on condition of her living with him, and she refuses to live with him,
such Magistrate may consider any grounds of refusal stated by her, and may make
an order under this section notwithstanding such offer, if he is satisfied that
there is just ground for so doing:
Provided further that no warrant shall be issued
for the recovery of any amount due under this section unless application be
made to the Court to levy such amount within a period of one year from the date
on which it became due.
(4) No wife shall be entitled to receive an
allowance from her husband under this section if she is living in adultery, or
if without any sufficient reason, she refuses to live with her husband or if
they are living separately by mutual consent.
(5) On
proof that any wife in whose favour an order has been made under this section
is living in adultery, or that without sufficient reasons she refuses to live
with her husband, or that they are living separately by mutual consent, the
Magistrate shall cancel the order.
(6) All
evidence under this Chapter shall be taken in the presence of husband or
father, as the case may be, or when his personal attendance is dispensed with,
in the presence of his pleader, and shall be recorded in the manner prescribed
in the case of summons-cases:
Provided that if the Magistrate is satisfied
that he is wilfully avoiding service or wilfully neglects to attend the Court
the Magistrate may proceed to hear and determine the case ex-parte. Any orders
so made may be set aside for good cause shown on application made within three
months from the date thereof.
(7) The
Court in dealing with applications under this section shall have power to make
such order as to costs as may be just.
(8) Proceedings
under this section may be taken against any person in any district where he
resides or is, where he last resided with his wife, or as the case may be, the
mother of the illegitimate child.