Alimony Guidelines

Context: Recently, the Supreme Court (SC) has set down comprehensive guidelines on alimony since matrimonial litigations are known to drag on and acquire cobwebs, worsening the misery for vulnerable women.

Adverse Consequences of Early Marriage:

• Disrupts completion of higher education: and increases stress for them since they are not financially independent.

• Poor maternal health and high levels of child stunting and wasting.

Protection of Women’s Alimony Rights:

• Constitutional safeguards: includes - 

• Article 15(3): States can make special provision for women and children.

• Article 39: equal pay and opportunities for both men and women.

• SC guidelines: 

• Abandoned wife and children are entitled to ‘maintenance’ from the date of application.

• Outlined  “reasonable needs” of a wife and dependent children, including Educational qualification of wife and independent source of income.

• Laws concerning alimony: 

• Protection of Women from Domestic Violence Act, 2005.

• Section 125 of the Criminal Procedure Code (CrPC).

• The Hindu Marriage Act, 1955.

• Order or decree of maintenance may be enforced under Section 128 of the CrPC.

Conclusion: Maintenance laws will mean little if they do not prevent dependent wives and children from falling into destitution and vagrancy.