MAINTENANCE FOR WIFE AND CHILDREN: Section 125 of the Code of Criminal Procedure
Ms Wandaia Syngkon
Research Scholar
Department of Social Work
Assam University
Silchar
The status of women in India has been subject to many changes over the past millennia, from equal status with men in ancient times through the low points of the medieval period. As the Medieval period in history approached, the Indian women started declining in status for a variety of reasons. Important scriptures started promoting the idea that women were inferior to men, and could not be trusted to have their own freedom. Foreign invasions and wars also could have influenced the set back of women through danger, and the influx of new ideas about women 's status. Following
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Yet, though more women than ever are being able to have the opportunity to be educated and more women are coming out of the recluse of domestic life and the age old image of women being soft, delegate and docile is fast disappearing. They are no longer willing to tolerate physical or mental cruelty and indignity within the frame work of marriage and they are growing independence from all strata of society and are able to walk out of a bad marriage. Interestingly, claiming for maintenance for themselves and their children from their husbands has not found much importance in the society.
DEFINITION
Maintenance is the process of maintaining or preserving someone. A state of providing financial support for a person’s living expenses or a support so much in need of. The term has been generally interpreted to include food, clothing and shelter. However, in recent time it has been held that any other requirements, i.e., necessary for a person to remain fit healthy and alive is also to be included within periphery of the term ‘maintenance’. It is based on the premise that the wife is entitled to live as per the standard and status of her husband.
S. Nujoma 2004, “The Maintenance Act was specifically passed to provide a legal basis of monitoring and ascertaining that parents, especially fathers, take full responsibility for all their children”.
Under Indian law, the term ‘maintenance’ includes an
In the case of Bruce and Douglas [2014] FamCA80, proceedings relate to parenting arrangements for the child L Douglas, between the applicant Ms Bruce, who is the child’s mother, and the respondent Mr Douglas, who is the child’s father. The child, aged two and a half years at the time of the hearing, has lived with her mother since her birth in April 2011, and has spent very limited time with her father. The mother seeks orders that the child
This idea that men were the more powerful ones continued through history, during the time of British and American colonialism. In India even before the British arrived, there was oppression occurring towards the women of that nation because of religion. It played a large part in the inequality, because at the time, Islam and Hinduism both required women to play a submissive role in a relationship and left them with little to no rights. Females were seen as lesser human beings and practices such as “Sati...the act burning alive the widow of a Hindu man,...female infanticide, and child marriage” occurred, all of which was detrimental to whichever females were involved. Gender oppression was maintained because of the caste system, which was a patriarchal system that was used all throughout India, giving all power to men,
There are actions taken within the courts and there is a sense of understanding that all decisions made regarding couples separating are to be done with the child as the focus- something which satisfies CROC. Unfortunately, as seen from above, the actual nature of protection of children in such situations is questionable ground and instead provides a more adequate than an exemplary form of
“Most women had little control over the direction their lives took. Once widowed, they had autonomy over considerable financial resources” (Bovey). Women were weak and men had control over their whole lives unless they were widowed. “Women didn’t have political rights, and they didn’t get to choose if they got married or had children. Women didn’t have an education and only if they inherited land they would have the same rights as men” (C N). This was the only case where women had the same rights as men. This rarely occurred because not very many women inherited land, men usually inherited it. Women generally didn’t have an education, so there was little chance for them to be better than men or in a higher power. They were not allowed to know what men did so they were always at A disadvantage. “Women had to obey men but a lot of times they were treated well. Women were treated by their social rank” (Women During the Middle Ages). Not only did men control women, but women were also defined by their social rank. How much money they had determined when they got married, there clothes, there husbands, and where they lived. “Poor women lived in small houses. Wealthy women had servants to do everything for them” (Women in the Middle
Gender roles have been changing throughout the centuries with both men and women. The most and drastic change has occurred in our 21st century to women. Women are now viewed as equals in the work and home, they are able to achieve just as much as men and no longer have limits suppressing them. There have been limits put on women since the beginning of time, women were to attend to the house and children but never other responsibilities beyond that. This change in gender roles has shaped our society in numerous ways making new jobs for women and breaking through social norms. Throughout history the role of women has dramatically changed, first with women being primary caregivers and up keepers of the house to women being able to have their own careers and lastly to being equal to men and no longer being inferior to them.
As a result of these reviews, the ongoing reconstruction of the social status and roles of Hindu women has brought about many new changes in Hinduism. Some of these changes include changes in education, health measures, problems of early marriages, the positions of widows, and the representation of women in governing bodies (Desai, et al., 1995). For example, within Hinduism now,
One of the big factors in the changing divorce rate has to be credited to the women leaving the housewife role behind and joining or rejoining (after small children are in school) the work force. In my grandmother’s era many women felt trapped in their situation because they were dependent on their husband’s income to support them and their children. Not as many women had college degree and so even if they went back to work their earning potential was very limited. According to Knox, a womans husband “Literally represented her lifeline. Finding Gainful employment outside the home made it possible for a wife to leave her husband if she wanted to. Now that about three fourths of wives are employed, fewer wives are economically trapped in unhappy marriage.” (2014, p 253) The other big factor was society and various religious groups were not very tolerant of divorcees in my grandmother’s time. If you
Women had some control in their homes, but in public the male of the house had the last word. The gender distinctions in India were largely based on the caste system and the varna hierarchy India had.
In Envisioning Women in World History, by Catherine Clay, Chandrika Paul, and Christine Senecal many of the societies treated their women as in superior to men especially in religious cultures. These societies believed that men were superior intellectually and physically restraining women from many experiences. Although the laws that women had to endure became harsher when religion was involved most of the times. Some of the hardships that women before 1500 had to endure were, lack of citizenship in Greece and Rome, arranged marriages, and not being able to leave the house alone. Most women had to go through tougher times then men after the Paleolithic era, but the ones that had the least amount of power were the Muslims. Christian women
Even though it is over a hundred years ago the same situations still occur today. Our culture has gone very far with woman's independence, but there are still many women out there who dream of getting out of the "I'm just a wife" role that haunts them.
An analysis of example can be derived from the aforementioned discriminatory sexist roles in India that prior to globalization highly favored the male population verses the female population. The female population in India has previously been less than second class citizens. Indian women's cultural roles have been previously defined by traditional customs that are centuries old and no longer apply in this day and age. Previous to globalization, Indian women were to take total domestic responsibility. They were not allowed formal education as the majority of teachers and pupils were male, and the chances of a female remaining chaste was slim in those settings, and related to tradition, females
The low status of women and girls is due to cultural beliefs and the material cost they represent to their families. Vanaja Dhruvarajan says that there is a belief regarding the nature of men and women: "Men are ritually pure, physically strong, and emotionally mature; women, on the other hand, are ritually pollutable, physically weak, and lack strong willpower" (30). Because of these
Not only are woman subjected to society norms based on their personality characteristics, but also on their life choices and “domestic responsibilities” questions arise for woman like “who will care for you children and husband”. Montague Kern and Paige P. Edley state that women will continue to be “criticized for abandoning their traditional family roles” (1). This topic is not something that is brought up to their male counterparts. I don’t believe I have ever heard a man be questioned on who was going to assume the responsibility of raising their children. So until society genuinely accepts that raising children and other domestic issues are shared endeavors, then women will continue to face this barrier. (Robson, 208)
From past to present people all over the world have determined to live together, or “get married”. Marriage can be a beautiful thing, but some couples are unable to maintain their relationship, because they choose divorce as a solution to cope with the problems between husband and wife. Furthermore divorce is definitely on a rise. The effects of divorce can be detrimental to a family, but the causes of divorce can be just as bad. In this essay we will cover one of the main causes of divorce and one of the main effects.
Shah Bano approached the courts for maintenance from her husband, as she had no means of economically providing for herself or her children. Seven years had lapsed by the time the case reached the Supreme Court, where Section 125 of the Criminal Procedure Code was invoked, and she was to be given the maintenance due to her. It is to be noted here that Section 125 (Order for maintenance of wives, children and parents) applies to everyone, irrespective of caste, creed, or religion . This judgement wasn’t the first time that a divorced Muslim woman had been given maintenance under the provision.