Today in this age when gender inequalities are disappearing fast and both the partners are earning then it is the responsibility of both the partners to support each other in the hour of crisis. Gone are the days when it was the responsibility of the male member of the family to run the house and support all the expenses. Today when the women are increasingly becoming more and more demanding in asking for their rights be it in the parliament, in terms of reservation or in jobs, then it is also important for them to support the male members in the financial space.
The draconian use of section 498-A has done more harms to the society and has destroyed many families rather than correcting the wrongs of the society. Section 498-A is being used against the spirit of the Constitution of India, that every one is equal before the law and that every one has the fundamental right to life and liberty. It was surprised to note as to how provisions of Section 498-A were invoked in the case of Nisha Sharma when her marriage has not taken place i.e. (I) No saptapadi was performed to make her marriage valid under Section 5 of the Hindu Marriage Act 1955; (ii) Nor any cohabitation took place to establish a husband and wife relation, which is the basic ingredient of section 498-A IPC.
It has now become a fashion that once a woman makes a complaint, whether correct or false, the entire police machinery acts against the accused without any rationale. There is a tendency to implicate all relatives and even the elders, who could be instrumental to resolve the disputes between the couple. The basic rights of the accused persons are not even protected and even the unmarried girls of the accused family are sent behind the bars, only on the mere allegation.
I feel that husbands should not be entitiled for maintenance from their wives.
Following tradition, husbands should provide for their wives and children. If a man cannot provide for his wife, how can he think of marrying her? Just for the sake of his own comfort. If so, then he should be ready for adjustment with his wife, and no cause of dispute should occur.
In case such a marriage does happen, where man subsides on wives income, it should remain the wives' wish whether she would provide maintenace for her husband. The husband should be entitled to wife's maintenance, only if the husband is left with no means to support himseleves, or when the difference in their income is very vast.
Failing this, the rule would become a means of abuse against wife, just like other practices that are prevalent, like dowry.
RE: Maintenance for husbands
by smartfool on Nov 21, 2005 04:54 PM Permalink
There are enuff women who exploit the facilities available to exploit and use it against their husbands. When women folk talk about equality, they should be ready for equality in anything and everything. Irrespective of this verdict, if a woman is entitled for a compensation whether she is working or not so is a man.
Allahabad Hight court's ruling is in the right direction. It is not just women who is at the receiving end. Today many women misuse the law for financial gain. This is the truth. Just walk into any lawyers office or to a court premises, you see more of matrimonial cases. Many of these cases have been draggin gon for more than 5 years or more. Divorce is the right thing to happen. And it is not a bad thing. It puts to end to a unhappy relationship and financial strain for both man & Woman. In many cases I've seen men being harassed by the wife and her relatives. Police should also be punished for being a party to wrongly implicating any victim. Preferably a years salary of all the policemen of the concerned station should be withheld and given to the victim. Hats off to Allahabad High Court in upholding the constitutional right of every citizen of India. Hope the readers too understand this and remain vigilent.
I welcome the court order. The court has seen the men and women equally. and if the unemployed women is entitled to get maintenece from her husband then unemployed men also is entitled to get maintenance from his wife. Law should be equally for both. It should not become a one way traffic. In life what all happens we wont be knowing. there will be good and bad phase. Both should face it together. will women agree in good phase her husband goes to some pros and in bad phase he comes back.
Law has to be equal irrespective of Genders. When a husband files for divorce and wife contests it, then she gets maintenance if she is not able to sustain herself. The same way, if wife files for divorce and husband contests it, then wife(if earning) has to pay maintenance if husband is not able to sustain himself.
Time has come where men and women both share the responsibility of protecting and providing for family. We have have to free people from strict patriarchal gender roles.
Both men and women must be encouraged to work so that the legal concept of alimony or maintenance can be eliminated. In such situation, only children or elders and sick may only be allowed to claim alimony or maintenance.
If we follow concept of gender equality, then husband no longer should protect and provide for his wife and vice versa. But both have to protect and provide for children and old/sick elders.
Its good that Rediff has started an initiative to ponder over this issue.
