Shamsher Singh v. Sunita Rani

   
 





















 !"#$!%&'&"() * *

+,-',!.+&(/, ***! & &"(!.

0'* +1(& (& ***!'2"($!(
 ) 34 *+
+ 

  
   

 

 +5* 


 
 
 










 


!!"
 
#
$ 
 $
% 
&

$#
'


(  

 
!)


'



'  $
  
*+,
-  
.' /0
1now Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS')2

3
)4

$#



  
 

 
$$

$  !

5




3

 


 
3 $ 6

 * 
 

8




$

3
$

   





 
3
 




3$ 
8 3



 $
 
 
3



$


 !

!)
  
$


#


 

 

$




!)

'
-now Section 144 of BNSS)


9 $ $#

 
3 


 #
9 :;




  





 
!* + !7
 
#
$  &

$#
'


(  ,

( < $#

 ; # 


  


= $ 
 , !+
 
 #






=

9 ,):;
 


7 , !+
  

 




9 ):;
 



$ #





 
>

$$#

$ 
3 
 

3 3 

 
 * !!

"

3

= 
$ 
3 


#
  

, * !!-= 
;0
$   

9 )!:;




 


7 "

!+

7

!!
?
  



)4

$#




 
3 
 
  $ 





 


!!"

)

@ 


$
 

  inter alia,  
 

3  #

3$$

  
3

 
 

3 







?
 

 
 
$
 
 

,


8







*))
3
3 
 
#

$ 
&

$#
'


(   3$

 



$



=







  $#
 
 3
8
 
 
 

$ 
'


$ 3
 

 
)4

$#




 
  $ 






=$#
 
#
( 


  

 +
- 
 
. 
/0

( 
7-00

'


'$
  
*
- 
 
.''/0
?

 
 
 
 



 

 
  $$#
3


 


$ 
$
#

 

!)-,0
A
!)-)0

'
-now Section 144(3) & 144(5) of BNSS0








#

  

& 



 

$
3




3

 
  


B  
'

$$ 



 $$#




(



# $$

 $
 
 


 
 $ #




 
 
 

$
 

 
@ $#
  


+
# 
$


3
 $
=

  $
 $



3
@ 


$
$ 
$ 





'




 

       

 $
8 
'






!"#$ % & % 

$$  
8 
'



!'

 "( ) *+ , !! -

+

?
 
 
$ 


$
 

 

  $$#
 

  
 


 
3

$


5


  






   






 
 

 


#


$ 









 



  $
 $



 


 
 

  
 
 
  

3 

 

 


5
'



< 

 



  
3$  $


$ $ 



  
!) '
-now Section 144 of BNSS0


 

3


 
#

 

  $



3


$


 
5   

( 
!)
'
-now Section 144 of BNSS0
3
 


 

 
  $



 

3


$

3
$
 $$
3

  $
3

$
)-,0  
#
$
,*


'

 
?

*


;% 
C


8 /$
(  
'



! .



/0 .

 %%   -1,
 



% 
&

C


 

 3 "3. Section 125 of the Code of Criminal Procedure is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing, and shelter to the deserted wife."




3 ;% 
C


8 /$
(  
'



.$ 

6

'"'

 "( 2 3 %%    1%
 



%  & 6 
D


 3 "15. ...While dealing with the ambit and scope of the provision contained in Section 125 of the Code, it has to be borne in mind that the dominant and primary object is to give social justice to the woman, child and infirm parents, etc. and to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support. The provisions in Section 125 provide a speedy remedy to those women, children and destitute parents who are in distress. The provisions in Section 125 are intended to achieve this special purpose. The dominant purpose behind the benevolent provisions contained in Section 125 clearly is that the wife, child and parents should not be left in a helpless state of distress, destitution and starvation."



5

 $
#


 


3


$#
 


  

 $



$






 $


 

 
 #


 $
$ 


3
=  
5
 $ $ 




 $

$#
 
 



$

 

 


 

'


 

<




3




 

 

$

< 
5
<






 $

 $

 
 









$
  
 


3
= 



 $#

= 


 
 



3

 

$
 #
5
<

#


 


 
#
 # 






 $

$ 

$

 $




 !




 

 
 

 


 

 




$ 
  
  

( 
!)

'

-now Section 144 of BNSS0
( 
7

''

( 



  
3

= 
$ 3

#"$ ,  
' (" $$$# "( /  #!'$ $' 4$

xxx xxx xxx

(3) 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 the manner provided for levying fines, and may sentence such person, for the whole or any part of each months allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, 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 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:

Provided further 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. Explanation.55If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wifes refusal to live with him.

#"$   "40 !5! " #$ $' ! $ 6# "$ "( '#

(1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank5notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter

7 mentioned, all other saleable property, movable or immovable, belonging to the judgment5debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment5 debtor or by another person in trust for him or on his behalf: Provided that the following particulars shall not be liable to such attachment or sale, namely:

xxx xxx xxx (g) stipends and gratuities allowed to pensioners of the Government or of a local authority or of any other employer, or payable out of any service family pension fund notified in the Official Gazette by the Central Government or the State Government in this behalf, and political pensions;

#"$  $"$ # 764"$ "( 4$"$ (" #$

No pension granted or continued by Government on political considerations, or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance, shall be liable to seizure, attachment or sequestration by process of any Court, at the instance of a creditor, for any demand against the pensioner, or in satisfaction of a decree or order of any such Court. This section applies also to pensions granted or continued, after the separation of Burma from India, by the Government of Burma. ,

5
'





 
 
 






3
 

 



./
 
 

3
  


. /
#
#





5 
 =  



 


( 
7

''
  
=


 :

; 

= 
  
<

$ 
?
3


( 
!)
' '

-now Section

8 144 of BNSS0

 ;  





 #



#

'


5





 $
$ $#


 ;    

3
  

#





( 



 



( 
7

''


3

$






 "


'

;

 
C


C

#
8 
'




 
89/$ +' %- 8"+  
3 
  
3



<  
3
 



% 

B  

 3


$ "4. ...The above said Section shows that in civil disputes pensions cannot be attached at the instance of creditors. Commentary relied on by learned counsel for the applicant/husband at serial No.16 under head of attachment shows that, "maintenance allowance granted to wife cannot be considered as debt 5 She is not a creditor hence exemption under Section 11 cannot be granted to husband. (1985)87 Punk LR 682 : (1985) 12 Cri LT 219". The said commentary itself shows that pensions can be attached to recover amount of maintenance. Hence, the stand taken by learned counsel for the applicant/husband that pensions cannot be attached is not digestible.

) ( $ $#

B


8 
'



"5  $95  $ :5$ "5  $ in R/criminal Revision Application No.920 of 2019 dated 11.11.2019 

 
8 
'





 

2 $$ -   ,  $# 
89/$/
 
-supra0
 

$
$
( 



 



 $ $
3



 $ 




9$ 
 
$

$ 






'



 $9

$$4 $9 $' " in

 CRR(F)5146852023 decided on 18.10.2024.

7

?
3

  


 

 

 
 3
  -0 5




 


!!"

$


=

  

)4

$#




  $$

$ 

-0 3

= 
  
 $#

  
 


 


# 


 


$ 

=  
 
 

 


, * !!

!

* !!

-0
5
 
3$$


$#

$

$
 
 
 #


 



 
 
 $$


 


 
 
, * !!

+

5
 $$ 


$ -0

#
 $$
$
  
 9+:

, !

!!"

  vishnu E
  :  
F:G

E
  $ 

F:G