Marriage is similar to an investment where two people invest time, energy and money. When a marriage breaks, the person suffers not only mental trauma but also financial difficulties. Alimony refers to the maintenance or financial support provided by the spouse after divorce. It is given so that the spouse who has no means to carry out basic activities is provided with financial aid.

Eligibility to Get Alimony

The wife or the husband is eligible to get the alimony in accordance with their circumstances. The court will analyse and recognise their individual capacity. If a wife is not earning, the court will consider her educational qualification and ability to earn. The court will then decide her alimony. If the husband is not able to earn or is disabled and the wife is earning, the court will consider giving alimony to the husband.

As per section 25 of the Hindu Marriage Act, alimony of permanent nature is provided by the court to the wife or even the husband. If there is a considerable difference in the wife’s earnings compared to that of her husband and he is earning more, she is provided with the alimony so that she can maintain the same standard of living.

Further, section 125 of the Code of Criminal Procedure provides for the maintenance of wives, children and parents.

Related: Maintenance Under the Criminal Procedure Code

Calculation of Alimony

Alimony is paid either monthly, yearly or as a one-time payment. There is no hard and fast rule followed in calculating the alimony. Usually, it is ⅓ or ⅕ of the husband’s income. The court considers several factors such as standard of living, the conduct of both the parties, financial status and so on when it comes to fixing the alimony.

Thus the law relating to alimony helps the person who is financially not sound to face a difficult situation like this in a better way.

Read Next:
1. Law for Maintenance of Parents, Wife, and Children in India
2. List of Important Sections of Hindu Law

What Is the Law Related to Alimony in India?
Sidhida Varma S

The U.S. Supreme Court reversed its 49-year-old landmark Roe vs Wade (410 U.S. 113) decision on June 24, 2022, which established the constitutional right to abortion in the United States.

In the present case of Dobbs vs Jackson Women’s Health Organization, the petitioner challenged Mississippi’s ban on abortion after 15 weeks. By its majority, the American Supreme Court affirmed Mississippi’s law banning abortions after 15 weeks and overruled its previous decision of Roe vs Wade.

This law article deals with the facts, arguments, and decisions of the Roe vs Wade case, keeping in mind the recent related developments.

Facts of the Roe vs Wade Case

It was the period of the 1970s in the United States. During that time, it was illegal to perform abortions in Texas without a physician’s consent unless it was to save the mother’s life.

In 1973, an unmarried pregnant woman, Jane Roe (name changed), brought a suit against Texas abortion laws on behalf of herself and others. There was a claim that doctors could not follow state abortion laws because they were too vague. And also, according to the United States Constitution, abortion right is protected by the fundamental “Right to Privacy.”

Arguments Given by Roe

These were the points put forward by Roe in the Roe vs Wade case:

• The Texas law violated the Bill of Rights’ rights to marital, family, and sexual privacy;
• The law violates the 14th Amendment of the U.S. Constitution;
• It violates the right to liberty of individuals;
• Abortion is an absolute right – a woman can end a pregnancy at any time, for any reason, however, she chooses.

Arguments Given by the Texas State

The Texas state made the following points:

• The 14th Amendment protects a fetus as a “person”;
• The government has a responsibility to protect the health of people, maintain medical standards, and protect prenatal life;
• The state has a compelling interest in protecting prenatal life from conception.

The question before the U.S. Supreme Court was: “Are women entitled to terminate their pregnancies by abortion under the United States Constitution”?

Judgement of Roe vs Wade (January 22, 1973)

In the majority opinion of 7:2 written by Justice Harry A. Blackmun, the Supreme Court held that abortion during the first trimester of pregnancy is an absolute right of the women. Justice Harry Blackmun delivered the opinion for the majority held that according to the due process clause of the 14th Amendment to the United States Constitution, pregnant women have a constitutionally protected right to an abortion under the “Right to Privacy” provision.

An abortion is within the right to privacy protected by the Due Process Clause of the 14th Amendment. The right to abortion is violated by a state law that restricts abortion regardless of pregnancy stage or other interests. Pregnant women’s health and “human potential” are legitimate state interests, but the relative weights of each interest change during pregnancy, and the law must take these variations into account.

The court further added that the decision regarding abortion during the first three months of pregnancy belongs to the woman and her doctor.

Nevertheless, the court found that the right to abortion is not absolute and must be balanced with the government’s interest in protecting women.

In addition, the court deemed abortion a “fundamental right,” which mandated that courts evaluate challenged abortion laws using the “strict scrutiny” standard, the strictest level of judicial review available in the United States.

Judgement of Dobbs vs Jackson Women’s Health Organization (June 24, 2022)

In this decision, Justice Samuel Alito delivered the judgment with the 6:3 majority and upheld Mississippi’s abortion law banning abortion after 15 weeks.

Overruling Roe vs Wade, the court ruled that there is no constitutional right to abortion. The time has come for the government to heed the Constitution and put abortion under the control of elected representatives.

In his view, the decision in Roe vs Wade is not only a wrong decision, but it amounts to an abuse of judicial authority. Also, the Constitution does not mention abortion, and abortion is not implicitly protected by any constitutional provision, including the Due Process Clause of the 14th Amendment.

Conclusion

With Roe vs Wade overturned, abortion access in the U.S. is no longer constitutionally protected. In light of the court’s decision, now individual states can decide whether abortion should be free or restricted. States now can even criminalise abortion.

However, many philanthropists argue that abortion right is a matter of personal freedom. According to them, banning or restricting abortions violates women’s rights because they have all control over their bodies and should have the freedom to decide whether to continue a pregnancy or not.

One big question also arose after the overruling of the Roe vs Wade decision is what happens if any pregnancy is due to the result of sexual violence like rape!

Read Next:
1. Is an Unmarried Woman Legally Allowed to Have an Abortion in India?
2. Medical Termination of Pregnancy Act, 1971

References: CNBC | Britannica

What Is the Roe vs Wade Case? Explained in Easy Words
Ritesh Kumar

India is a country that is opening its doors for western ideas and lifestyles. Whether it is good or bad is up to an individual to decide. One amongst them is the concept of live-in relationships.

In this article, let us learn about live-in relationships and see if it is allowed by law or not.

Is Live-In Relationship Allowed in India?

The Supreme Court in Indra Sarma vs V.K.V. Sharma said that “Live-in relationship like marriage is neither a crime nor a sin, though socially unacceptable in this country.” So, in short, it is allowed.

The decision to marry or not to marry or to have a heterosexual relationship is intensely personal. The Protection of Women from Domestic Violence Act, 2005 is considered to be the first piece of legislation that covered relations “in the nature of marriage” and has provided legal recognition to relations outside marriage.

Supreme Court Guidelines to Recognise Live-In Relationship

Supreme Court in S Khushboo vs Kanniammal & Anr (2010) issued some guidelines to recognise live-in relationship:

1. The couple must hold themselves out to society as being akin to spouses.
2. They must be of legal age to marry.
3. They must be otherwise qualified to enter into a legal marriage, including being unmarried.
4. They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

Note: If a man has a night out with a woman and engages in sexual activities or lives with someone for some days on vacation, it does not qualify for a domestic relationship. Also, if a man has a ‘keep/mistress/rakhail whom he supports financially and has her only for sexual purposes (or as a servant or both), then such a relationship is not marriage in Supreme Court’s opinion.

What Supreme Court Said Regarding Child Born Out of Live-In Relationships

In D Patchaiammal vs D Velusamy, Supreme Court ruled out that if a man and woman are having a live-in relationship for an extended period, they will be taken as a married couple in the society, and the child born out of this relation would be called legitimate.

The same thing was said in Bharata Matha & Ors vs R. Vijaya Renganathan & Ors regarding the child’s legitimacy.

What Delhi High Court Said Regarding Live-In Relationships

The Delhi High Court, in its decision on 10 August 2010, in Alok Kumar vs State & Anr, while dealing with the validity of the live-in relationship, held that-

Live-in relationship is a walk-in and walk-out relationship. There are no strings attached to this relationship, neither this relationship creates any legal bond between the parties. It is a contract of living together which is renewed every day by the parties and can be terminated by either of the parties without the consent of the other party, and one party can walk out at will at any time.

Why Some People Like Live-In Relationship

Sometimes partners see live-in relationships as a way to lead a liberal life because it does not require the dedication and responsibility that marriage demands. Walking out of a live-in relationship is much easier than going out of a marriage.

Today’s metro life and modern lifestyle also support these relationships. Basically, live-in relationships are not a question of a moral fight. Even jurisprudential theory states that a law has to be distinguished from morality. Living with a partner without performing requisite ceremonies is one’s own choice. Article 21 of the Constitution of India enshrines the Right to Life.

In short:

What Is a Live-in-Relationship and What Are the Rights of Live-In Partners Under Indian Laws?

Initially, in Badri Prasad vs Dy. Director of Consolidation and Ors., Hon’ble Supreme Court in 1978 held that in case a couple lives together for a long period of time like 50 years in the said case, then that live-in-relationship will be considered as marriage, and the couple will be regarded as husband and wife under Indian law.

Live-in-relationship is nowhere defined in any Act, but as per Hon’ble Supreme Court in D. Veluswamy vs D. Patchaiamal, it was established that section 2(f) of the Protection of Women from Domestic Violence Act, 2005, deals with the definition of domestic relationship, which means “relationship in the nature of marriage”. This term includes live-in-relationship if certain conditions laid down by the Hon’ble Supreme Court are fulfilled. These conditions include:-

• Long duration of live-in-relationship.
• Shared household.
• Pooling of resources and financial arrangements resulting in domestic arrangements.
• Sexual relationship.
• Socially hold themselves out to society.

If conditions given above are fulfilled, in that case, live-in-partners are given certain rights under the Indian laws:-

• Lady partner in a live-in-relationship is eligible for maintenance under section 125 of Criminal Procedure Code, 1973, wherein she can ask maintenance during or after the relationship;
• Live-in-partners are provided with all the rights given under the Protection of Women from Domestic Violence Act.
• If a child is born out of a live-in-relationship, in that case, the child is considered to be legitimate under section 16 of the Hindu Marriage Act, 1955. The child also has inheritance rights both in ancestral and self brought properties.

You may also like: Muta Marriage – A temporary marriage for sexual pleasure

Another recent ruling: Live-in relationships are morally and socially not acceptable, said Punjab and Haryana High Court. The court declined protection to the couple from their parents in apprehended danger of their lives. The court said that in seeking protection, the couple seeks the seal of approval for their relation, which is not acceptable. Full Story

Live-In Relationship in India – Is It Allowed by Law?
Arushi

In 2006, the Supreme Court of India, in Seema vs Ashwani Kumar, recommended that marriage should be registered mandatorily for all religions.

The legal age for marriage for a male is 21 years, and for a female is 18 years.

The Hindu Marriage Act, 1955 relates to a marriage solemnised between Hindu, Buddhist, Jain, Sikh. And the Special Marriage Act, 1954 relates to a marriage solemnised between any religion.

Who all can get their marriages registered under Hindu Marriage Act, 1955:

• Any citizen of India who is a Hindu by religion.
• Any Buddhist, Jain or Sikh who is eligible for marriage.
• Any citizen who is not Muslim, Parsi or Jew by religion.

For marriage registration, boy and girl should perform customary rites of marriage beforehand, which includes Saptpadi or Sat Phere around the fire.

Couples are required to get their marriage registered within 30 days from the date of marriage. Marriage can be registered before a marriage registrar or a district Tehsildar within whose jurisdiction marriage was solemnised or residence of boy or girl.

Must See: What Is Bigamy Under Indian Laws and What Happens When a Hindu Converts to Islam for Second Marriage

Procedure of Hindu Marriage Registration

1. First, the couple is required to fill the application form.

2. Along with the application form, two photographs of the wedding ceremony or the wedding card is to be attached.

3. Identity proof, address proof and birth certificate of the couple are required to be attached.

4. Attach one notarised affidavit stating that both the couples were single at the time of marriage, their relationship is not prohibited and that they both are not Sapinda of each other.

5. Guardian or parents of both parties should be present at the time of registration.

6. Registration is required to be done in the presence of three witnesses.

In the end, you are required to visit the marriage registrar or a district Tehsildar along with all the documents mentioned above.

Read Next:
1. Registration of Documents Under the Registration Act
2. What Are the Main Schools and Sub-Schools Under Hindu Law?
3. Legality of Child Marriage Under Indian Laws

What Is the Procedure of Registration of Hindu Marriages in India?
Ankita Trivedi

Hinduism regards marriage as a sacrament. It considers marriage as a union of two souls. Marriage under Hindu law confers certain marital obligations and provides certain rights to parties in the matrimonial relationship.

The Supreme Court in Smt. Saroj Rani vs Sudarshan Kumar Chadha (AIR 1984) noted that “The essence of marriage is the sharing of common life, a sharing of all the happiness that life has to offer and all the misery that has to face in life.”

Marriage presumes that the husband and wife will live together. Both spouses have the right to get comfort from the other, and if either party fails to fulfil its obligations, he or she may be compelled to do so.

Meaning of Restitution of Conjugal Rights

The restitution of conjugal rights means the re-establishment of the marital relationship between husband and wife because the prime objective of marriage is that parties will consummate it and enjoy the society and comfort of each other.

The idea of providing the restitution decree by a court is to preserve the marriage union as far as possible by enabling the courts to intervene between the parties.

Availability of Restitution of Conjugal Rights

In India, the remedy of restitution is available:

• to Hindus under section 9 of the Hindu Marriage Act, 1955.
• to Muslims under the general law.
• to Christians under sections 32 and 33 of the Indian Divorce Act, 1869.
• to Parsi under section 36 of the Parsi Marriage and Divorce Act, 1936.
• And under section 22 of the Special Marriage Act, 1954 for persons married under the Special Marriage Act.

Section 9 of the Hindu Marriage Act, 1955

Section 9 of the Hindu Marriage Act, 1955 talks about the restitution of conjugal rights. It states that:

1. When either the husband or the wife,
2. Without any reasonable excuse, withdraws from the society of others,
3. Then the aggrieved party may apply by petition to the district court for restitution of conjugal rights,
4. And if the court satisfies with the truth of the statement made in the petition and found that there is no legal ground to reject the petition,
5. Then, the court may issue a decree of restitution of conjugal right accordingly.

Essential Elements of Restitution of Conjugal Rights

The essential elements of section 9 of the Hindu Marriage Act, 1955 (restitution of conjugal rights) are as follows:

1. There must be a valid marriage that exists between the parties.
2. One should withdraw from the society of another.
3. This withdrawal must be made without any reasonable excuse.
4. The court must satisfy the truth of the statement that no legal ground exists for refusing the decree.

Who May Apply for a Decree of Restitution?

It is to be noted that any of the spouses can file the petition for restitution under section 9 of the Hindu Marriage Act.

The Apple of discord in section 9 is the word “withdraw from society” and “reasonable excuse.” The terms are nowhere defined, but through several pronouncements, the judiciary states what will be included under these terms.

Now, let us see some judgements that highlight the terms “withdraw from society” and “reasonable excuse.”

Section 9 of Hindu Marriage Act Case Laws

In Sushila Bai vs Prem Narayan Rai (AIR 1985), the court pointed out that if the husband left his wife in her father’s home and did not maintain any connection with her, then it will be considered as withdrawing from the society of his wife and thus decree for restitution was allowed.

In TirathKaur vs Kirpal Singh (AIR 1996), the question before the Punjab and Haryana High Court was ‘whether wife’s employment can be considered a ‘reasonable excuse’ to leave husband’s society and stay away from him. The court applied the traditional approach and held that the wife’s employment is not a reasonable excuse. The court further said that “the wife’s first duty is to submit herself to her husband and remain under his roof and protection.”

Again, in Gaya vs Bhagwati (AIR 1965), the Madhya Pradesh High Court held that under Hindu society, the wife should perform matrimonial responsibility or obligation under the husband’s house, and she cannot take any unilateral decision.

In Shanti Devi vs Ramesh Chandra (AIR 1969), the Allahabad High Court took a progressive approach. It held that during the hardship of employment, if the wife withdraws from her husband’s company, then this withdrawal is considered a valid withdrawal and comes under the clout of reasonable excuse. Thus no decree for restitution was allowed.

What Is a Reasonable Excuse Under Section 9 of HMA?

Generally, the term reasonable excuse includes:

1. The ground on which the party can get matrimonial relief.
2. If the party is guilty of any matrimonial misconduct, but that misconduct does not form any ground for divorce under section 13 of the Hindu Marriage Act. Still, that misconduct is grave and weighty; this may also be considered a reasonable excuse.
3. If the party is guilty of any conjugal act or omission or misconduct that makes the situation not fit for the other party to live with each other.

Constitutional Validity of Section 9 of the Hindu Marriage Act, 1955

T Sareetha vs T VenkataSubbaiah (AIR 1983)

In the Andhra Pradesh High Court, it was argued that section 9 of the Hindu Marriage Act was against the individual’s fundamental right to liberty and dignity guaranteed by Article 21. The Andhra Pradesh High Court held that section 9 was unconstitutional and void because it was against personal liberty.

The court said that “if the wife is compelled to live with her husband, this will also violate her right to privacy.” Further, the court also highlighted that “the remedy of restitution offends the inviolability of the body and mind and invades the marital privacy and domestic intimacies of such person.”

Saroj Rani vs Sudarshan Kumar Chandra (AIR 1984 SC)

In Saroj Rani vs Sudarshan Kumar Chandra, the Supreme Court finally resolved the tussle between section 9 and fundamental rights. The Supreme Court upheld the view put forth by the Delhi High Court in Harvinder Kaur vs Harvinder Singh (AIR 1984 Delhi HC) and held that “the object of the degree was only to offer an inducement for the spouse to live together, and it does not force an unwilling wife to engage in sexual relationships with the husband.”

The remedy of restitution only aims to protect the institution of marriage, and it does not violate the principles enshrined under Articles 14, 19, and 21 of the Indian Constitution. The court further said that the remedy of restitution did not enforce sexual intercourse between the spouse, but it only brings consortium between them.

Consortium in law means “the right of association and companionship with one’s husband or wife.”

Recent Case on Conjugal Rights

In March 2019, the Indian Supreme Court admitted a writ petition in Ojaswa Pathak vs Union of India, challenging the constitutionality of the restitution of conjugal rights present under multiple family laws, including section 9 of the Hindu Marriage Act, 1955.

The objection was raised on the ground that:

1. This provision goes against a woman’s autonomy because it obliges her to return to her husband even if she does not want to go there.
2. The legislation also went against the private interest of sexual autonomy for men and women.
3. It forces the reluctant spouse to engage in unwanted sexual intercourse, thus violating Article 14 and Article 21 of the Indian Constitution.
4. It imposes an unequal burden on women and is thus contrary to Article 14 and Article 15(1) of the Constitution.

The matter is still pending before the three judges bench of the Supreme Court.

Read Next: What Is the Procedure of Registration of Hindu Marriages in India?

Restitution of Conjugal Rights Under Section 9 of the Hindu Marriage Act
Ritesh Kumar

Adultery is an offence in section 497 of the Indian Penal Code. It is an offence committed against the husband because a wife can’t be punished for the offence of adultery under this section.

What Amounts to Adultery

1. If any person performs sexual intercourse with a female.

2. And that female is a wife of another man, or he believes her to be the wife of another man.

3. He performs sexual intercourse without the consent or assistance of her husband.

4. Sexual intercourse must not be rape; that is, the wife’s consent should be present. It should be voluntary sexual intercourse.

5. Such a person is an offender for the offence of adultery under section 497 of the Indian Penal Code.

Punishment for Adultery in India

Any person who commits the offence of adultery shall be punished for imprisonment up to five years or fine or with both. The offence is non-cognizable and bailable. It is a compoundable offence.

Adultery Cases in India

Yusuf Abdul Aziz vs state of Bombay, 1954

The question before the Supreme Court was that why can’t a woman be punished for the offence as an abettor. It was contended that by not punishing a woman, this provision becomes discriminatory and violates Article 14 and Article 15 of the Constitution, where a man is punished but not a woman.

The court held that special laws can be made for women and children, as per Article 15(3) of the Constitution. The woman cannot be punished even as an abettor. And therefore, it is not violative of Articles 14 and 15, respectively.

Recent Adultery Case in India

In the year 2018, in Joseph Shine vs Union of India, the Supreme Court struck down the law of adultery, declaring it as unconstitutional and gender-biased. And it also struck down section 198 of the Criminal Procedure Code, which provides for the procedure to file a complaint of adultery.

In the era of constitutionalism, such a law can’t be in existence. It was said that the sexual orientation of an individual is his or her personal choice. It cannot be penalized.

The institution of marriage grows with faith and companionship. It is the duty of both husband and wife to remain loyal towards this union called marriage. But if it is broken by any means, it can’t be said to be a crime. The person who thinks his trust is broken can move for the divorce or can allege to be a victim of mental cruelty.

Why the Law of Adultery Was Scrapped

Supreme Court is the apex institution of the justice delivery system. There must be strong reasons in support of scrapping the law of adultery in the Indian Penal Code. Section 497 of IPC is no more an offence.

The reasons in support are:

1. In the law of adultery, a phrase is used “without the consent or connivance of the husband.” This phrase implies that the husband dominates over the woman. It would be the decision of her husband with whom she may perform sexual intercourse. It denotes as if the husband is having right over his wife’s mind and body. If the husband has given his consent, then the other person performing sexual intercourse with his wife is not guilty of adultery.

2. The law of adultery does not give rights to the other wife, whose husband has done the act of adultery. She can’t prosecute her husband under section 497 of the Indian Penal Code. This section only enables an aggrieved husband to make the other man culprit. Section 497 is silent on the part of the other man’s wife.

3. Section 497 is a gender-biased law. It restricts a female’s sexual sovereignty but not of a man.

4. Right to life under Article 21 of the Indian Constitution also includes one’s own way of living until it harms any other person’s life. Sexual orientation is one’s own individual choice, and it can’t be treated as a crime.

5. Any provision or law which strikes or attacks the dignity of a woman can’t be ignored. It has to get struck down. “The Husband is not the master of the wife.”

Adultery as of Now in India

So, the Indian Penal Code no more contains a provision or law of adultery. A woman is no more the property of her husband. The union of marriage is a bond of soul and togetherness. If one dominates over the other, there can never be equality in a relationship.

The aggrieved party may always take the path of personal laws for relief. They may institute a suit for divorce or cruelty or any other appropriate provision.

Section 497 of the Indian Penal Code has become history and has set out a precedent that discriminatory laws have no place in a democratic country like India.

Read Next:
1. What Are the Differences Between Sin and Crime
2. What Is the Legal Status of Marital Rape in India?
3. What Is the History of the KM Nanavati Case?

Adultery in India – Meaning, Punishment and Recent Decision
Arushi

Often women have to sacrifice their careers to look after their husbands and children. Due to all these, at the time of divorce, a woman is provided with some financial rights to fulfil her basic needs. These rights are provided under Hindu Law which includes:

1. Right to Streedhan

Section 14 of the Hindu Succession Act, 1956 provides absolute ownership to the woman on all the movable and immovable gifts like jewellery, property, etc., which she receives from her parents, friends or in-laws before, during or after her marriage. It is her absolute right to do whatever she wants to do with her Streedhan. Streedhan is given voluntarily out of love and affection.

2. Right to Property

At the time of divorce, the woman can claim property that she and her husband jointly own. In the case of ancestral and self-acquired property of the husband, no right is provided to a woman after divorce. She can claim right only on property owned jointly.

3. Right to Maintenance

Under section 125 of the Criminal Procedure Code, 1973 woman is entitled to maintenance after divorce. Also, section 24 and section 25 of the Hindu Marriage Act give the right to maintenance to a husband (and wife too) if he is incapable of earning an independent income. The quantum of maintenance depends on the facts and circumstances of the case.

Note: This paragraph has mentioned section 24 and section 25 of the HMA, which deal with the right to maintenance provided to a husband. Maintenance could be pendente lite (during the proceedings) as well as permanent lifetime maintenance. So combining sections 24 and 25, “Maintenance provided to husband is permanent maintenance during lifetime as well as pendente lite.” See section 24 of HMA, for more.

4. Right to Child Custody

In case of divorce, a woman also has a right to claim for child’s custody, even if she is not earning any income. In fact, the husband is entitled to provide maintenance to both wife and children.

Read Next:
1. 12 Most Important Legal Rights of Indian Women
2. Women Land Rights – Laws, Lack of Rights, and More

What Are the Financial Rights of Hindu Woman at the Time of Divorce?
Ankita Trivedi

Marital problems might occur due to unfulfilled basic needs, misunderstandings, alcohol addiction, dowry demand, ego problems, adamant differences in opinion, etc.

Divorce, judicial separation, and such have an impact on the family. Thus it is of prime importance to try some non-legal ways to successfully fix and save a marriage that is hanging by a thread.

Alternatives to Legal Remedies to Save Marriage

A few alternatives to legal remedies that can save a marriage from falling apart are-

1. Mediation

Meditation is a form of Alternative Dispute Resolution (ADR) which aims to assist two or more persons involved in a dispute in reaching a mutual agreement. The content of that agreement is decided by the parties themselves rather than accepting something imposed by a third party.

Mediators are those professionals who are impartial, and unbiased, and who use appropriate techniques and skills for a productive dialogue between parties.

2. Marriage Counselling

Marriage Counselling is also an excellent way to figure out what to do. The marriage counsellor will ask questions that help one think more clearly about what is going on and what he/she wants. The marriage counsellor will help the parties to communicate better with each other and provides innovative ways to resolve conflicts.

As divorce is such a step that can have an impact on the parties, their children, and their extended families, counselling should be one method to overcome the problem of marital disputes.

Counselling is, therefore, a useful mean of saving or ending the marriage peacefully. By counselling the spouses gets a safe place to share their feelings about the divorce and relationship.

An experienced counsellor can help the couple save the marriage by pointing out their own mistakes instead of ending their relationship. There have been many cases where counselling has played an important role, improved mutual understanding, and saved the relationship.

The counselling centres should concentrate on the improvement of interpersonal relationships. The importance of adjustment must be explained to the couples through counselling.

Suggestions to Keep Marriage Healthy

Personal family issues should not be discussed in front of neighbours, friends, or any third person because they do not know the actual worth and position of your spouse in your life. Unnecessarily spreading your problems does little to solve the issue. In most cases, it magnifies the challenges.

Due to role conflict, marital conflicts occur. Awareness of roles and responsibilities and its performance is the essence of preventing matrimonial disputes.

Family organisation programs should be conducted to prevent family disorganisation and to understand that family is the real strength of a person.

You may like to read:
1. 13 Ways of Divorce in Muslims
2. No more Divorces via Email or WhatsApp!
3. Difference between Void and Voidable Marriages

Non Legal Ways to Fix and Save a Broken Marriage
Arushi

Adultery – No longer punishable in India

“Any law which affects individual dignity, equity of women in a civilised society invites the wrath of the Constitution.”

A Constitution Bench of the Supreme Court today struck down Section 497 of The Indian Penal Code which penalises Adultery.

The judgment was delivered by a Bench of Chief Justice Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.

The Bench wrote four separate but concurring judgments. CJI Misra wrote on behalf of himself and Justice Khanwilkar. Justices Nariman, Chandrachud and Malhotra wrote a judgment each.

CJI Dipak Misra before pronouncing his judgment stated that-

“Any provision treating woman with inequality is not Constitutional.”

He went on to strike down Section 497 on grounds of being manifestly arbitrary and therefore violation of Article 14 (Equality before Law) of the Constitution of India.

He further held that Adultery can be ground for civil issues including dissolution of marriage, but it cannot be a criminal offence.

Justice Nariman agreed with CJI Misra and Justice Khanwilkar J, holding Section 497 violative of Articles 14 and 15 of the Constitution.

“Ancient notions of man being perpetrator and woman being victim no longer holds good”, he held.

Justice Chandrachud was the next to agree with the judgment, stating that Section 497 is based on viewing women as chattel, which seeks to control sexuality of woman, and hits the autonomy and dignity of women. He, therefore struck down the provisions criminalising adultery as violative of Articles 14 and 21 of the Constitution.

Finally, Justice Malhotra sealed the fate of the provision, questioning the need to make Adultery a criminal offence. The Bench thus with one accord struck down Section 497 as being ultra vires to various provisions of the Constitution.

Section 497 of IPC criminalises the offence of adultery, but only a man is liable to be punished for the offence. Wife is not treated even as an abettor.

Further, if the husband of the woman gives his consent for sexual intercourse with another man, no offence lies.

The law identifies the married man as the victim because the offence of adultery is looked as an offence against husband. Further, it does not give any right to a woman to prosecute her husband to be in an adulterous relationship.

The crux of the judgement is-

# Adultery “without a shadow of doubt” can be ground for divorce.

# “The husband is not the master of the wife,” says Supreme Court.

# “The wife can’t be treated as chattel.”

# Subordination of any sex over the other is clearly unconstitutional.

Read Next: What Are the Differences Between Sin and Crime

Adultery: No longer punishable in India
Arushi

WHAT IS TRIPLE TALAQ?

Very simply put, Triple Talaq is (now was) a form of instant divorce by Muslims (especially in India) (none of the Muslim majority countries practised this). Using Triple Talaq Muslim men can divorce their wife just by saying the word ‘talaq‘, three times either orally, in written form or in present times even by electronic means like WhatsApp or email.
The word ‘talaq‘ means ‘divorce’
So if a Muslim man says ‘talaq talaq talaq’ then it means he has divorced this wife

SUPREME COURT ON TRIPLE TALAQ

The Supreme Court by 3:2 majority had in a verdict in August last year declared Triple Talaq illegal and unconstitutional. The bill to criminalise “talaq-e-biddat” was passed by the Lok Sabha in winter session but could not be passed by the Rajya Sabha with the opposition parties having reservation over criminal provisions in the draft law.

GOVERNMENT ON TRIPLE TALAQ

The government in August approved three amendments to the ‘Muslim Women (Protection of Rights on Divorce) Act, 1986‘. According to the new amendments, the proposed law will remain “Non-bailable“, and the accused can approach a magistrate even before trial to seek bail. Under a Non-bailable law, bail cannot be granted by police at the police station itself. For that the accused needs to approach a Magistrate.

Another amendment makes it clear that the police would lodge FIR only if approached by the victim (wife), her blood relations or people who become her relatives by virtue of her marriage.

The third amendment makes the offence of instant triple talaq “compoundable“, where a magistrate can use his powers to settle the dispute between a husband and wife.

On Wednesday, 19th September 2018 union cabinet has passed as ordinance to criminalise Triple Talaq. As soon as the President would give his assent upon the ordinance it will become law.
Though Supreme Court last year held it unconstitutional and annulled Triple Talaq but the practice continued incessant. But today by the way of ordinance such derogatory practice has been criminalised and has marked dignity of women as an essential one.

By passing such ordinance the Government has upheld the principle that life commands self respect and dignity.

No more Divorces via Email or WhatsApp!
Arushi