Civil Procedure Code (CPC)

if wife

Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Originally posted by : SAINATH DEVALLA
THESE ARE THE VIEWS OF ADV AGUSTINE CHATERJEE  FOR  ANOTHER QUERY:


Before addressing the specific query, we must not say that the law is incorrect or biased to women. Some women mught be harassing and misuing the law. But there are still many houses where women are treated worse than animals , especially in the sub0urban and ruyral areas. These laws are necessary for protection of women who are harassed for dowry and other ancillay purposes. I know the laws are being misused but that is not a reason to disregard the sanctity to the same.

The said law is not violative of article 14 of the constitution as article 14 is subject to exception of article 15(3) which empowers the state to make special laws to protect the women and children of the society.
 

 

 

Mr. Sainath Devella,

 

Article 14 – Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth.

 

Article 15  - Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth.

 


Now,


Aritcle 15 – (3)  - Nothing in this article shall prevent the State from making any special provision for women and children.

 

So clearly that nothing under Aritcle 15 shall prevent the state from making any special provision for women and children. Now still it is not violating Article 14 (Equality before Law) since the SCOPE of Article 15 – (3)   is inside Article 15 only.  wink In other words, it has nothing to do with Article 14.

 

So clearly the view of State (Judges and Polices) is biased and violates Article 14.

 

  1. No proper inquiry before registering a  case,
  2. No enquiry on wife / girls income before awarding alimony.
  3. Not at all come to actual matrimonial facts rather prolonging the matter.
  • - - etc, etc.
 
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LEGAL CONSULTANT

The original querist has disappeared,may the almighty save him.Desperate and  perfectly imperfect(vagueistic) persons cannot digest the realistic views of the legal experts.

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Mr. Sainath Devalla,

Let’s have a close look on Article 15 and Article 14.

 

Article 15 in The Constitution Of India 1949

15. Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, s*x, place of birth or any of them

(2) No citizen shall, on grounds only of religion, race, caste, s*x, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to

(a) access to shops, public restaurants, hotels and palaces of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public

(3) Nothing in this article shall prevent the State from making any special provision for women and children

(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes

 

 

Article 14 in The Constitution Of India 1949

14. Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth

 

 

So we can conclude as follows: -

 

a) From Article 15 we can see that state can’t show any discrimination based on religion, race, caste, s*x or place of birth to enter/access any public or partly public property that is fully/party funded by state.

 

b) From Article 15(3) also we can see state has only power to make any special provision (Arrangement/Law Section) for women and children.

 

c) However, under Article 15 state has no power to deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth (Article 14).

 

Am I right Mr. Sainath Devalla ?

 

Now if State (Represented by Corrupted Judges and Police Officers) does as follows –

 

a) No proper inquiry before registering a  case,

b) No enquiry on wife’s / girls income before awarding alimony.(Not fully/partly funding by state)

 

c) Not at all come to the actual matrimonial facts rather prolonging the matter.

 

- - - - Then it is clearly violation of fundamental right as per Article 14. Also Alimony/Maintenance is not fully/partly funded by state hence state can't show any discrimination here also.

 

In other words, These views of the state is Unconditional 

 

Learned Mr. Sudhir Kumar, I need your expert comments also in this. Thanks in advance.

 
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