From Vows to Verdict: Analyzing the Legal Dimensions of Maintenance for Deserted Wives under Section 125 of CrPC

  • Ayushi Malik and Aditi Jain
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  • Ayushi Malik

    Student at Institute of Law, Nirma University, India

  • Aditi Jain

    Student at Institute of Law, Nirma University, India

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Abstract

Focusing on the landmark case of Chaturbhuj v. Sita Bai (2008) 2 SCC 316, the study painstakingly analyses the complex terrain of spousal maintenance. Amidst the reverberations of a disputed maintenance claim, the article unravels a legal web that interweaves the fine threads of post-divorce financial obligations. Following the steady beat of Section 125 of the Criminal Procedure Code, the study deftly traverses the constitutional wiggle room provided by Articles 15(3) and 39(a). This study delves deeply into the court's interpretation of the law, highlighting the importance of enduring obligations that remain even after a marriage ends. It sheds light on the larger social ramifications by exploring the junction of gender rights and financial responsibility. The composition provides a harmonious analysis of the everlasting commitments made by divorced couples as the legal symphony builds to a climax in the court's decision. It deftly blends legal ideas with societal imperatives, striking a chord that probes the precarious balance between individual autonomy and the state's responsibility to protect those who are vulnerable.

Type

Case Comment

Information

International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 3670 - 3677

DOI: https://doij.org/10.10000/IJLMH.116685

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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