Justice for Women & Children

The Court has framed guidelines for maintenance and it includes payment, criteria for determining the quantum and date from when it has to be awarded. It also covers overlapping jurisdiction on the issue

- Srishti Ojha

IN November 2020, the Supreme Court framed guidelines pertaining to payment of maintenance in matrimonial matters and ensured uniformity in taking the decision. The Constitution guarantees protection to women and children and empowers the State to make special provisions for their betterment. Article 15 (3), reinforced by Article 39, envisages a positive role for the State in fostering a change towards the empowerment of women. This led to the enactment of various legislations from time to time. One issue regarding women which has required framing of statutory legislation has been that of maintenance.

Justice Krishna Iyer in an important judgment had held that maintenance laws are a measure of social justice and specially enacted to protect women and children and they fall within the constitutional sweep of Article 15(3) reinforced by Article 39. The Sections of statutes calling for construction by courts are vibrant words with social functions to fulfil. “The brooding presence of the constitutional empathy for the weaker sections like women and children must inform interpretation if it has to have social relevance. So viewed, it is possible to be selective in picking out that interpretation out of two alternatives which advances the cause—the cause of the derelicts,” he said.

Justice Krishna Iyer held that maintenance laws are a measure of social justice and protect women and children and they fall within the sweep of Article 15(3) reinforced by Article 39.

The legislations which have been framed on the issue of maintenance are the Special Marriage Act, 1954, Section 125 of the CrPC, 1973, and the Protection of Women from Domestic Violence Act, 2005, which provide a statutory remedy to women, irrespective of the religious community they belong to and apart from the personal laws applicable to various religions.