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Plea in Delhi HC alleges misuse of Section 56 of CPC by women [Read petition]

Team SoOLEGAL 8 Jan 2018 5:27pm

Plea in Delhi HC alleges misuse of Section 56 of CPC by women [Read petition]

Today, The Delhi High Court issued notice to the Ministry of Law and Justice in a plea challenging Constitutionality of Section 56 of the Code of Civil Procedure on grounds of being violative of Articles 14, 15, 19 (g) and 21 of the Constitution.

Section 56 of the Code of Civil Procedure states that the court shall not order the arrest or detention, in the civil prison, of a woman in execution of a decree for the payment of money.

The writ petition filed by one Anil Kumar, who is operating a Non Banking Finance Company (NBFC) argues that,

“Women are taking undue advantage of this section as they are well aware that they are protected under this section and no recovery of money could be effected without the fear of arrest and detention.”   

It has also been stated that the banks and NBFCs are suffering huge financial loss due to frauds committed by people who take loans with mala fide intention and later take advantage of Section 56.

The Division Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar issued notice to the Ministry of Law and Justice along with the Law Commission and sought their responses on the petition.

Read the petition here:

Code of Civil Procedure   Section 56   Delhi High Court  

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