SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY)

SYMBIOSIS LAW SCHOOL, HYDERABAD

SYNOPSIS SUBMISSION

MAINTENANCE TO AN EDUCATED AND QUALIFIED WOMEN:

JUST OR UNJUST

SUBMITTED BY:

CHARUL MISHRA : 17010323022

SEMESTER IV, DIVISION D

SUBMITTED IN THE MONTH OF

JANUARY, 2018

UNDER THE GUIDANCE OF

AHMAR AFAQ

ASSISTANT PROFESSOR

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 MAINTENANCE TO AN EDUCATED AND QUALIFIED WOMEN:
JUST OR UNJUST

Background:

“A Spouse who is well qualified to get the service immediately with less efforts is not
expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his
or her own purse by a cut in the nature of pendente lite alimony”1

The Indian Society has always followed what the religion has recommended. Though the
Personal Laws have evenly decided the criteria in a very precise manner for marriage,
divorce, adoption, and even Maintenance. But with development and maturity in the Society,
there are few concepts in personal laws which create an irrational scenario. Few concepts in
the personal laws are for the protection of the women since, years women were neither fully
capable nor had allowance to work for a living and hence were depended on the male
members of the family for their survival. But since today, women, not only in urban areas but
in the rural geography, have become capable of not only survive by herself but also is able to
maintain her children and sometimes other family members. But the laws followed makes it
difficult for both the genders to form independent identities.

Maintenance had formed an important part of the life of a married woman. Hindu marriage is
a protection for the women which guarantees her legal rights for restitution of conjugal rights
in case of desertion, legitimacy of the children, relief in case of cruelty, adultery, impotency,
claim of maintenance and alimony etc. and order for maintenance to wife who is unable to
maintain themselves. In the case of Madhu Kishwar v. State of Bihar, Justice K. Rama
Swamy said that “Half the Indian Populations too are women. Women have always been
discriminated against and have suffered and are suffering discrimination in silence. Self-
sacrifice and Self-denial are their nobility and fortitude and yet they have been subjected to
all inequalities, indignities, and discrimination.”2

1
Mamta Jaiswal v. Rajesh Jaiswal, II (2000) DMC 170
2

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At the very same moment, the status of women have now enhanced to a very standard level
due to the laws for the welfare of the women as well as by the increase of respect for the
women in the society. Many women are now economically, educationally, politically and
socially well-maintained. Due such change in the standard of the women, the laws which
were intended for the women welfare specifically must now tilt towards the equal rights
between man and woman. Though this doesn’t mean that this would apply to all the Hindu
women but would be conditional depending on the qualifications and capacity of the women.
In case of maintenance, the women previously fought for their right to maintenance by their
husbands but now, this right has been somewhat exploited. In a case, it was held by the court
that “Merely because wife refuses to earn does not mean that she is not entitled to
maintenance and so far as the wife is concerned, her potential earning capacity is not a
relevant consideration” 3 The State tries to empower the women by enforcing policies and
laws. But due to ineffective implementation of these laws, “the Constitutionally-mandated
concept of ‘equality’ continues to be a mere paper blessing, far divorced from the touch of
reality. So much so Hindu wife is not entitled to maintenance by spouse’s family under
Adoption and maintenance Act, 1956. This paradox is the result of patriarchal norms and
values institutionalized by the state.”4 “This leads to creation of inferior image of a woman
which is an age-old tragic reality of Indian Society.”5

Research Objectives:

1. To understand the concept of maintenance of a woman.

2. To establish that there is gender inequality through detailed analysis and interpretation
of the current statutes regarding maintenance.
3. To establish that maintenance should not be given to a qualified and capable woman.

Research Questions:

1. Whether the qualified women need maintenance?

2. Whether maintenance should be given to a qualified and a capable woman?

3
T.Bhuvaneshwari v. V. Ramakrishnan, 1989 (1) Crimes 292; Hemanta Kumar Patnaik b. Basanti Patnaik, 1996
(2) Crimes 23 (Ori)
4
Sarkar Lotika (1995) Women‟s Movement and the Legal Process Occasional Paper No. 24 Committee on the
Status of Women in India‟s (CSWI) report, New Delhi, p. 1-2, As available on,
www.cwds.ac.in/OCPaper/WomensMovementLS.pdf , as visited on 13 January 2019
5
Sarkar L. and B. Sivaramayya (eds.), Women and Law: Contemporary Issues, Vikas, New Delhi, (1994);
Brendra Cossman and Ratna Kapur, Subversive Sites- Feminist Engagements with law in India, Sage, New
Delhi,(1996).

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 3. Whether there should be laws made for the calculation of quantum of maintenance
should be given to the women of such category?

Outcomes:

Today, the Indian society is in need of equal between men and women. After the thorough
research regarding the maintenance to an educated and qualified wife, it would be cleared
whether there is need for such maintenance or whether there is a need of an amendment in the
personal laws.

Literature Review:

TITLE AUTHOR PREPOSITION LACUNA/GAP CITATION

Debating C. Sinha Paper revolves Paper reflects a Sinha, C. (2012). Debating patriarchy: The hindu
Patriarchy: around the past very wide issue, code bill controversy in india (1941-1956).
The Hindu development of while limiting Debating patriarchy: The hindu code bill
Code Bill hindu code its rationale on controversy in india (1941-1956) (pp. 1-312)
Controversy in relating to the specific doi:10.1093/acprof:oso/9780198078944.001.0001
India women’s right. topic of Retrieved from www.scopus.com
maintencance.
Hindu Law: W. This literature Literature lacks Menski, W. 2012, "Hindu Law: Beyond Tradition
Beyond Menski basically, walks the and Modernity" in Hindu Law: Beyond Tradition
Tradition and through the philosophical and Modernity, pp. 1-660.
Modernity historical and ethical
background of aspect of
hindu code to maintenance.
it’s modernity
Liberating F. Agnes This paper This paper AGNES, F., 2015. Liberating hindu women.
Hindu women discusses the gap imbalances on Economic and Political Weekly, 50(10), pp. 14-
created by gender equality 17.
further and seems to

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 amendment to have gender
hindu law as for biasness toward
the rights of women.
women.
Conjugality, F. Agnes This paper It lacks the AGNES, F., 2009. Conjugality, property,
property, focuses on the critique part, morality and maintenance. Economic and
morality and topic of while it supports Political Weekly, 44(44), pp. 58-64.
maintenance maintenance and maintenance,
propionates the paper neglects
reasons for it to the other part
exist. totally.