SMT. LATA AND ANR. Vs. UNION OF INDIA (UOI) AND ORS.
LAWS(RAJ)-1994-7-113
HIGH COURT OF RAJASTHAN
Decided on July 07,1994

Smt. Lata And Anr. Appellant
VERSUS
UNION OF INDIA (UOI) AND ORS. Respondents

JUDGEMENT

Gokal Chand Mital, J. - (1.) THE vires of Section 125 Cr. P.C. has been challenged on the ground that the optimum of Rs. 500/ - fixed under the provisions to award to a neglected woman is too meagre. In 1955, there was amendment in Cr. P.C. to raise the amount from Rs. 100/ - to Rs. 500/ - and since 1955 till today inspite of enactment of new Cr. P.C. 1973, the amount of Rs. 500/ - is being maintained.
(2.) THERE can be no challenge to the vires of the aforesaid provisions as it is neither contrary to law nor arbitrary, but certainly the claim seems to be reasonable which can only be considered by the Parliament or by the State Legislature to make the necessary amendment either for the entire country or for the State concerned. We have considered the matter and our view certainly is that the amount of Rs. 500/ - is too meagre for a neglected woman in these days and the limit deserves to be increased. Let the experts in the Parliament or in the State Legislature consider this aspect and we have no doubt that if it is considered properly, the amount will be raised.
(3.) WITH these observations, the writ petitions are disposed of.;


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