Upkeep Pointers: The Hindu Editorial on Imposing Upkeep Legal guidelines to Shield Dependent Girls

In India, although more girls are now attending school, for many the inevitable reality seems to be pre-college marriage. Girls are married early and have children long before they should. This triggers a maternal state of poor health and is a major cause of high levels of child madness and waste in India. There is also the possibility that a marriage will not work for various reasons and the girl or young woman will remain in extreme need because she is often not financially independent. Parliament and the courts have persistently passed laws to give women better rights. Article 15 (3), which states that “nothing in this article prevents the state from making special arrangements for women and children”, is read in conjunction with Article 39, which states the state policy on equal wages and opportunities for men and women The protection of the health of women and children are two important constitutional safeguards. On Wednesday, the Supreme Court relied on these two articles and a number of other laws when it heard a dispute between a Mumbai couple and laid down comprehensive guidelines on alimony. The court ruled that an abandoned wife and children would be entitled to maintenance from the date they petitioned the court.

In a 67-page judgment, a bench of judges elaborated on Indu Malhotra and R. Subhash Reddy for details, including the “reasonable needs” of a woman and dependent children, their educational attainment, whether she has an independent source of income, and whether she does, if enough, for family courts , Judges and lower courts to follow in maintenance cases. Given the high and growing proportion of marital disputes, clarity was required. Cases have been known to drag and acquire cobwebs, adding to the misery for vulnerable women. The court found that while women can seek maintenance under various laws, including the 2005 Law on the Protection of Women from Domestic Violence and Section 125 of the CrPC or the Hindu Marriage Act of 1955, it “would be unfair to the husband instruct to pay alimony in any proceeding, ”and asking civil and family courts to read previous settlements. Taking into account the vastness of India and its inequalities, the Court may add how an “order or maintenance decree” can be enforced under various laws and Section 128 of the CrPC. For women in India, especially the poor who are often overlooked in discourse, the words of the Supreme Court that maintenance laws mean little if they do not prevent dependent women and children from “falling into poverty and tramps” offer a glimmer of hope.

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