Women have always formed a very fascinating subject for social study. In recent years more and more literature has been devoted to what is called the women’s issues. The general feeling – whether one is feminist or not is that women have a always suffered in a man dominated society and have to fight for their rights in all societies, and that they are still fighting more so in the third world countries.
The maintenance of women is a subject of great socio-legal significance. The matter as regard its nature, is highly sensitive. It basically relates to the vital issues concerning gender-justice and delicate human relations. But if we analyze different laws dealing with the women’s right to maintenance, it becomes clear that these laws are not adequate and are further circumscribed by such conditions which are generally used by men to avoid their responsibility to provide maintenance to women. So, this study is intended to find out the different between these la by making a comparative study of these laws.
India is a country of so many castes and communities, having different laws and customs for their personal matters that is difficult to give a detailed and comprehensive study of each and every law and custom governing different communities. So, this study is confined to the laws of some major communities such as Muslims, Hindus, Christians and Parsis. Further it also makes a reference to some secular laws such as Criminal Procedure Code, 1973 and Special Marriage Act. 1954
In the laws of all these communities wife’s have less rights than men in corresponding situations. That in itself is not surprising since religions in every part of the world tend to discriminate against women; and religious personal laws are reputedly based on religious rules and doctrine. However the Indian constitution proceeds on the assumption that women considered to be weaker section of the society (Art 15, 16). Legal system of any country is part of its social system and reflects the social, political, economic and cultural characteristics of that society. Hence the social development depends upon the legal system and laws me have in our society.
It is inconsequential whether the wife is a Muslim or Non Muslim, rich or poor and accordingly to many authorities. Minor or adult healthy or sick. She is entitled to this right by virtue of the fact that she is devoted to the husband’s companionship and is confirmed to his house hold, or by very reason of marriage. i.e. being his wife & trust.
The wife maintenance entitles her incontestable right to lodging clothing, food and general care. The right has the right to be clothed & cared for by the husband, in accordance with his means and her style of life. This right is to be exercised without extravagance or Miserliness.
This study provides a brief history of the laws of maintenance and the existing position of these laws. Further study proceeds to examine the legal position of a women’s right to maintenance during the subsistence of marriage, on its breakdown, on divorce and after divorce under different personal and statutory laws in India.
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