“Upkeep legal guidelines in India are biased”

One of the most famous laws in marriage and divorce law in India is the Right to Receive and Grant Law. Even today, it comes as a surprise when men receive child support because it is so rare, says Hariprasad S, a volunteer with the Save Indian Family Foundation. November 19th was International Men’s Day.

In general, alimony refers to an allowance that the court orders the husband to pay the wife for a living. “There are very few laws in the country that support men on this matter,” said Siji Malayil, a lawyer.

Because of the religious diversity of India, each religious group functions in accordance with its own personal law based on religious scriptures, customs and traditions.

Since the right to maintenance is also derived from such personal laws, the reasons for which maintenance claims can be asserted differ from municipality to municipality.

“The most popular law that allows men to claim maintenance or support is the Hindu Marriage Act of 1955. Under this law, a Hindu husband can claim maintenance from his wife if he is unable to provide for himself. Other factors also play a role here, ”explains Siji.

Another law that allows men to claim alimony in India is the Parsi Marriage and Divorce Act of 1936, says KM Sai Apabharana, attorney. “This law allows both Parsi men and women to claim maintenance if they meet the requirements,” she adds.

She believes the time has come for other laws in the country, such as the Special Marriage Act of 1954, to make provisions so that all genders can claim alimony.

“Many of these laws were made ages ago. For example, the Indian Christian Marriage Act 1872 was shaped by the British based on their laws. Back then, women had no right to property, so it made no sense for them to pay alimony. But we’ve come a long way since then. While the UK has changed the original law, it is time India followed suit, ”she says.

Although India’s constitution regards men and women as equal entities, there are still some laws in the country that remain biased to a specific gender and are often abused, says Hariprasad.

“All genders deserve equal rights. For example, if a man has an accident and is no longer able to work, there are few supportive systems that can help him in such a situation. He can’t even ask his ex-wife for maintenance to make a living, ”he says.

Praveen (name changed) is hearing impaired and has health problems that prevent him from working regularly. “Despite my health problems, I received no support when my partner falsely accused me and divorced me. No organization or lawyer could support me. There are many prejudices in the Indian legal system, ”he says Metrolife.

Apabharana explains that while there are several government centers to support women, not much has been done on the front lines for men.

“There are few informal groups that support men and try to raise awareness of this issue. That has to change, ”she adds.

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