COMPARATIVE STUDY OF HINDU LAW AND MUSLIM LAW IN MAINTENANCE. BY - SAMANVITHA REDDY
COMPARATIVE STUDY OF HINDU LAW AND
MUSLIM LAW IN MAINTENANCE.
AUTHORED BY
- SAMANVITHA REDDY
MAHINDRA
UNIVERSITY
MAY 2023
ACKNOWLEDGMENT
I would like to express my honest
appreciation to Assistant Professor for her worthwhile steerage and guidance
during this paper. I am grateful for her mentorship and determination in
helping me throughout the research paper. Her expertise and generosity of time
and sources were useful to the entirety of this research paper. Words can not express my gratitude to my
professor for her patience and feedback. She has always corrected any mistakes
I have made throughout the process of this research work. Icould not have
undertaken this journey without the support from my professor, who generously
provided me with the knowledge and expertise. This research paper wouldn’t have
been possible without the encouragement and support from my professor. My
humble gratitude towards my professor for her support and encouragement
throughout the process of this research paper.
List of abbreviations
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SI .no
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Abbreviations
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Full form
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1
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&
|
And
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2
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v.
|
versus
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3
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SC
|
Supreme Court
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4
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Hon’ble
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Honourable
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List of cases
Mangat Pal v Punni Devi
Bhuwan Mohan Singh v Meena
Rachayya v Bhagyalakshmi
Yashpal Singh Thakur v Smt Anjana
Rajput
Rani Sethi v Sunil Sethi
Kalla Mistry v Kalaimmal
Padmja Sharma v Ratanlal Sharma
Jasbir Kaur Sehgal v District Judge,
Dehradun
Mangat Pal v Punni Devi
Rachayya v Bhagyalakshmi
Anita v Amit
Synopsis
1. Hindu and Muslim personal legal
guidelines in India apprehend the principle of imparting upkeep to the partner
and established circle of relatives individuals who’re not able to aid
themselves.
2. The prison provisions related to
upkeep in both Hindu and Muslim personal legal guidelines differ substantially.
For example, while Hindu law acknowledges the concept of permanent upkeep,
Muslim regulation acknowledges the concept of maintenance during the iddat
length best.
3. Gender-based discrimination and a
patriarchal mindset preserve to impact the implementation of protection legal
guidelines, specifically in instances regarding Muslim ladies.
4. The role of the judiciary in
deciphering and implementing preservation laws is tremendous. However, the
prolonged felony court cases and insufficient legal aid for women preclude the
effective implementation of upkeep laws.
5. The take a look at has recognized
the demanding situations and barriers faced through the legal device in making
sure powerful implementation of preservation legal guidelines, consisting of
lack of understanding among women approximately their prison rights and
difficulties in imposing protection orders.
6.
That legal reforms are necessary to decorate the effectiveness of
maintaining legal guidelines in selling social justice and gender equality in
Hindu and Muslim societies in India. These could consist of enhancing get entry
to to prison resource for women, introducing stringent consequences for
non-compliance with preservation orders, and making sure a gender-sensitive
interpretation of maintenance laws with the aid of the judiciary.
Abstract
Constitution says that the Right to
equality is a fundamental right and the framework of family
law itself arises the scope of sexism towards women in today’s world by making
different rules for different religion. According to Hindu Adoption and
Maintenance Act,1956,Maintenance is amenities for food, education and medical
attendance and treatment and also marriage expenditure in case of unmarried daughter.
In Muslim law Nafaqah [maintenance]is the duty of the husband to take care of
her wife in financial terms even there is no agreement between a wife and
husband regarding this. Financial support to a spouse is known as maintenance
in general sense but does it only limit to the spouse or does it also include
children and parents .This paper is written by doctrinal research method, this
is theoretical research that consists of the basic research aimed at locating
an argument of Right to Equality contravening in laws of maintenance in family
law which is explained with more nuanced reasoning and depth. A Hindu wife is
entitled to claim maintenance even if she is able to maintain herself. A Muslim
wife is not entitled to claim maintenance if she is disobedient. In a
comparative study of Hindu and Muslim law in maintenance resulted in, “A Hindu
wife can enjoy more than Muslim women which is infringing their Right to
equality and Right to practice and propagate any religion. This paper discusses
about discriminatory clauses in different religious laws and the need of
Uniform Civil Code which can calm down the conflicts for some extent. This
paper explores the comparative study in laws of maintenance in Hindu &
Muslim law and the disadvantages of introducing Uniform Civil Code. Key words:
Right to equality, fundamental right, Family law, Hindu Adoption and
maintenance Act, Maintenance, Nafaquah, Doctrinal Research method,Uniform civil
code.
Key words: Right to equality, Fundemental
right, Family law, Hindu Adoption and maintenance Act, Maintenance, Nafaquah,
Doctrinal Research method,
Introduction
The family is the cornerstone upon
which human society is erected. The family is the cornerstone of civilization.
Marriage is essential for preserving and expanding the family as a whole. The
moral duty of the husband to provide for his wife is upheld by every major
religion. Not only does the husband have to continue to assist the woman during
the marriage, but also after a divorce. No matter his wealth or social status,
the husband must provide for the family. All major world religions acknowledge
the importance of the family as a unit and the need to provide for it. Simply
said, maintaining someone entails covering their expenses for housing, food,
clothing, and other necessities. This responsibility was formerly founded on
moral and religious considerations, but it is now recognised by the law.She has
the right to file a legal claim for maintenance in court if the spouse doesn't
pay for her. Other family members have the right to ask for maintenance if they
are in a comparable connection to the person for whom it is requested. Every
religion in the world has its own distinct rules regarding maintenance.
Hinduism and Islam are the two religions that are most widely practised in
India. The maintenance laws of these two religions diverge significantly.
Regardless of a person's personal
laws and religion, some legal rules guarantee sustenance. In India, such
legislation include Section 125 of the Criminal Procedure Code from 1973 and
Sections 12 and 20 of the Domestic Violence Act from 2005.
Right to
maintain in marriages
Hindu law
The maintenance provisions of the
traditional Hindu law have now been codified. In order to give married women's
maintenance rights a legal framework, the Hindu Marriage Act of 1955 and the
Hindu Adoption and Maintenance Act of 1956 were passed. Permanent maintenance
and interim maintenance, commonly known as Pendete Lite, are the two forms of
maintenance that the court might order.
Temporary maintenance is the periodic
payment that the husband must make to his wife while the divorce is being
processed. The sum that the husband continues to pay on a regular or ongoing
basis after the divorce has been finalised is known as permanent maintenance.
The requirements governing the
granting of support are covered by Sections 24 and 25 of the Hindu Marriage
Act, 1955. The provision of interim maintenance is made possible under Section
24. According to this provision, based on the facts of the case, such as
whether the spouse requesting maintenance is producing an income and whether
that income is of a sufficient amount or not, the court may order the payment
of maintenance to either the husband or the wife.
The amount of support under Section
24 is based on the petitioner's and respondent's respective incomes.
The husband or wife, depending on the
situation, may get permanent support under Section 25(1). The initial
maintenance order as specified in Section 25(1) may be modified owing to a change
in circumstances under Sections 25(2) and 25(3).[1]
These rules are special in that they let the husband to ask his wife for
maintenance as long as he is unable to work. The woman has the right to request
support from the husband at any time during her lifetime under Section 18 of
the Hindu Adoption and Maintenance Act, 1956.
The wife need not be living with the
husband in order to be eligible for Section 18 benefits.
The key legal issue that the courts
have encountered throughout the years is how much maintenance should be awarded
in these situations. With regard to this matter, a number of judicial rulings
have established rules of procedure and provided guidance.
In Mangat Pal v. Punni Devi, the
court stated that the goal of giving maintenance is to allow the wife to
preserve the kind of life to which she had been accustomed. In the case of
Bhuwan Mohan Singh v. Meena, it was ruled that the husband had a responsibility
to give his wife the means to live a life of dignity given their social standing.
Taking into account the husband's financial situation, the court in Rachayya v.
Bhagyalakshmi reduced the maintenance payment from Rs. 5000 to Rs. 3000. The
spouse found it challenging to pay such a large sum in upkeep because he had a
little Xerox business. However, the wife had her own home, a two-wheeler, and
was a practising attorney. Hindu maintenance rules are unique in that, in some
cases, even the husband may request support from the wife. According to the
Supreme Court, a husband who requests maintenance from his wife should be
viewed as an unusual situation rather than as the norm.[2]
In Yashpal Singh Thakur v. Smt.
Anjana Rajput[3], the
court concluded that while husbands have the right to maintenance under Section
247, they cannot cease working and begin living off of their wives' income. In
Rani Sethi v Sunil Sethi, the husband has sought maintenance from his wife
under Section 249 and the trial court on examining the facts of the case
ordered the wife to pay a monthly maintenance of Rs 20000 along with Rs 10000
of litigation expenses and a Zen Car for the husband’s use. On appeal to the
High Court, it was held that the purpose of granting maintenance is not only to
ensure the mere sustenance of the spouse but is to enable the spouse to
maintain such level of living to which he or she was accustomed to in his
matrimonial home.
MAINTENANCE
FOR OTHER FAMILY MEMBERS AND DEPENDENTS
The Hindu Adoption and support Act of
1956 offers support to family members besides the wife and husband, including
the widowed daughter-in-law, elderly parents, children, and those who qualify
as dependents under Section 2110.In accordance with Sections 19 and 2011,
respectively, widowed daughter-in-laws and elderly parents and children are
entitled to maintenance. Even a stepmother without children is entitled to
support from his stepson because, for the purposes of Section 20, a stepmother
without children is considered to be a parent[4].
In Kalla Mistry v Kalaimmal[5],
it was laid down that a claim for maintenance under Section 2014 can be validly
filed by an illegitimate son who is born out of an adulterous intercourse. In
Padmja Sharma v Ratanlal Sharma[6],
the Court held that in case when a couple has divorced and both of them are
earning well, it is not the duty of only the father to provide maintenance to
the children. In such a case, the mother is equally entitled to maintain the
child. In Jasbir Kaur Sehgal v District Judge[7],
Dehradun , the court said that it was a father’s duty to provide for his
unmarried daughter’s marriage even if she is living separately along with her
mother as she is entitled to maintenance from him and this right to maintenance
includes expenses of her marriage. Mother has an equal right to retain the kid
in this situation. The court ruled in Jasbir Kaur Sehgal v. District Judge,
Dehradun that a father has a responsibility to finance his unmarried daughter's
wedding, even if she lives apart from him and with her mother, as she is
entitled to maintenance from him, which includes the cost of her wedding. It's
crucial to keep in mind that in situations when children are requesting
maintenance, both parents are jointly and severally liable for the child's
upkeep. The claim that if the father is already taking care of the kid, support
cannot be demanded from the mother is pointless.
Muslim law
Due to the legitimacy of their
marriage and pre-nuptial arrangements, traditional Muslim law permits for
maintenance to be paid by the husband to the wife. This responsibility to
support the wife is a result of the husband's commitment to do so, but it is
also reliant on the wife's income. However, this commitment is contingent upon
the wife's loyalty to her husband and compliance with his reasonable commands.
This right of the woman is also constrained by the need that the wife not be
refractory or refuse to live with her husband without a good reason17. The
various parties to a marriage may also engage into pre-nuptial agreements in
addition to this obligation of the husband.Such agreements could stipulate that
his wife will get specific allowances, such as kharcha-e-pandan, mewa khore,
guzara, etc., on a regular basis.The Muslim Women (Protection of Rights on
Divorce) Act, passed in 1986, codifies Muslim divorce personal law. It codifies
several significant maintenance legislation. The maintenance that the wife is
entitled to receive throughout her iddat period is provided for in this clause.
A Muslim woman might use it to enforce her ownership rights to unpaid mehr or
dower as well as other private possessions. This statute makes it quite clear
that a husband's obligation to support his wife continues during the iddat. If
the woman is unable to support herself after the iddat time has passed, she
might ask her family, who would be entitled to receive her property after her
death, for a reasonable and equitable maintenance. The State Waqf Board will be
responsible for maintaining such a Muslim lady if no family member is able to
do so.
MAINTENANCE
FOR CHILDREN
The numerous nuanced aspects of
Muslim Personal Law make it very evident that males are valued higher than
women. Parents, especially the father, are responsible for supporting his
children. A daughter is entitled to support from her father as long as she
doesn't get married, while a boy is entitled to maintenance from his father
until he reaches the age of majority. When a kid or daughter stops living with
their father without a good reason, the father's obligation to support him and
them ends. If a kid has a mental illness or physical and mental disabilities,
the father is responsible for caring for the child for the rest of his life.
If the childen is not the husband's,
or if the husband declines to support the children, the mother is required to
support them. Hanfi law states that the woman is responsible for providing for
her children in situations where the mother is better able to do so due to the
father's financial situation. However, even if she is in a better position to
do so than the father, under Shefai law, the mother is not required to provide
for her children. The grandpa is now responsible for providing for the children
in such cases.
SECTION
125 CRPC
Hindu women
A secular clause in Section 125
addresses upkeep for people of all faiths. Since the personal laws and this
clause operate in conjunction with one another, there is no contradiction
between them. The wife, kids, and elderly parents are all given maintenance.
This clause is meant to secure financial assistance for estranged family
members who are unable to support themselves, not as a punishment for the
individual from whom maintenance is requested.
During and after the divorce process,
wives frequently turn to Section 125 to demand support from the husband. J.
Manoj Kumar Ohri concluded in Anita v. Amit
that a wife cannot be refused support only on the basis that she is
capable of producing an income since there is insufficient justification for
doing so. The phrase "unable to maintain herself" in Section 125 does
not mean that the wife must be utterly penniless in order to be included in the
scope of Section 125.[8]
In the case of Chaturbuj v. Sita Bai,
the fact that the wife is already employed does not constitute a reason to
withhold support from her. Only if the wife's income is adequate for her to be
able to support herself as she was living in her marital house in this
situation may maintenance be refused. The fundamental issue that came up over
the years was whether S 125 applied to Muslim women who sought maintenance
after their iddat period ended. In Daniel Latifi v. Union of India[9],
the legal stance on this issue was decided after several court proceedings. The
history of Muslim women's legal battles to get maintenance under Section 125
has been thoroughly studied.
Muslim Women
With Mohd Ahmed Khan v. Shah Bano,
the fight for the right to maintenance got underway. Shan Bano and Mohd Ahmad
Khan were wed in Indore in this particular occasion in 1932. Mohd Ahmed Khan
wed a second, considerably younger woman after 14 years of marriage. Her
husband forcibly removed her and her five children from their marital residence
in 1975. She filed a lawsuit for maintenance under section125 in April 1978
because she was not receiving the Rs. 200 in maintenance that her husband had
promised to pay her. By saying "Talaq" three times in November 1978,
Shah Bano's husband officially divorced her. Muslims cannot undo a Talaq of
this kind. In the trial court, the husband asserted his defence that Shah Bano
was not eligible for maintenance since she was no longer his lawfully married
wife because they had divorced.In addition to paying her maintenance during her
Iddat, he had already given her the Mehr sum. The trial court denied the
husband's argument and required him to provide her with maintenance in the sum
of Rs 25 per month.
Shah Bano filed an appeal with the
Madhya Pradesh High Court asking for the maintenance to be raised from Rs 25 to
Rs 179. In Madhya Pradesh, the Madhya Pradesh High Court approved her appeal.
Mohd. Ahmad Khan addressed the Supreme Court after being incensed by the
directive. The Court's primary concerns were whether Muslims are subject to
Section 125 and if the husband's obligation to support his wife was discharged
by paying the Mehr amount at the time of divorce. The Court rejected Mohd Ahmad
Khan's appeal and determined that Section The payment of Mehr at the time of
divorce did not relieve the husband of his responsibility to support his wife
after marriage since it was not a sum that was legally due at that time and
could not be compared to maintenance. Fundamentalist Muslims who believed it to
be against their faith strongly disagreed with this ruling, and they attacked
it harshly. The Muslim Women (Protection of Rights of Divorce) Act of 1986 was
passed by Rajiv Gandhi's then-Congress administration in order to pacify this
segment of society. By codifying the Muslim Law on divorce, this act rendered
the case's verdict unconstitutional. section 125 is a secular maintenance
provision. It is applied without regard to religious limitations.[10]
The word "wife" as used for
these reasons encompassed divorced wives as well, and in the event of a
contradiction between S 125 and Muslim personal law, S 125 would take
precedence. Since Mehr could not be compared with maintenance since it was not
absolutely payable at the time of divorce, payment of Mehr at the time of
divorce did not relieve the husband of his responsibility to support his wife
after marriage. Fundamentalist Muslims who believed it to be against their
faith harshly criticised this decision. The petition concerning the application
of Section 125to divorced Muslim women after marriage was submitted to the Apex
Court by Shah Bano's attorney, Adv. Danial Latifi. Because of this, the court
in Danial Latifi v. Union of India30 concluded that S 125 permits Muslim
women to request maintenance from their husband for the time after the Iddat,
and that the husband must make such an arrangement for the wife's sustenance
after the Iddat itself. The balance between secular laws and personal laws was
established in this instance. The courts have continued to hold to this view
ever since, yet it is nevertheless true to say that this issue has not
completely disappeared.[11]
Comparison between both religions in maintenance
Maintenance in Hindu Law:
Under Hindu Law, upkeep is described
as ‘pathi vrata’ which means that a female’s duty to stay faithful to her
husband and her husband’s obligation to guard and preserve her. Maintenance is
a criminal responsibility imposed at the husband, dad and mom, and children to
offer for the renovation in their dependents. The Hindu Adoptions and
Maintenance Act, 1956, presents for maintenance rights to other halves, kids,
and mother and father.
1. Maintenance of Wife: According to
Section 18 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu wife is
entitled to upkeep from her husband for the duration of her lifetime. The
upkeep must be furnished to her if she is unable to maintain herself out of her
own income or property or if she has no spouse and children who can guide her.
2. Maintenance of Children: According to
Section 20 of the Hindu Adoptions and Maintenance Act, 1956, the daddy has to
provide renovation to his minor youngsters, single daughter until she gets
married, and son till he attains majority.
3. Maintenance of Parents: Section 23 of
the Hindu Adoptions and Maintenance Act, 1956, offers for the protection of
elderly mother and father with the aid of their youngsters.
Maintenance in Muslim Law:
Under Muslim Law, upkeep is known as
‘Nafqah’ and is the duty of the husband or father. Muslim ladies are entitled
to renovation as a essential proper under the Muslim Personal Law (Shariat)
Application Act, 1937. Maintenance of Wife: In Muslim Law, a wife is entitled
to upkeep from her husband in the course of the subsistence of marriage and for
the duration of the duration of iddat in case of divorce. The husband has to
offer for the preservation of his wife consistent with his capacity and status.
Maintenance of Children: In Muslim Law, the father is obligated to provide
preservation to his youngsters until they attain puberty. In case of a woman
infant, preservation is supplied until she receives married.
Comparative Study:
1. Scope: The scope of upkeep is broader
in Hindu Law than in Muslim Law. In Hindu Law, renovation isn’t always
constrained to the period of marriage or iddat period, while in Muslim Law,
maintenance is restricted to the length of marriage and the iddat period.
2. Obligation: In Hindu Law, the duty to
offer maintenance is at the husband, dad and mom, and youngsters, whereas in
Muslim Law, the duty is often on the husband and father.
3. Maintenance of Parents: In Hindu Law,
the duty to offer protection to aged dad and mom is imposed on their children,
whereas in Muslim Law, the responsibility to offer preservation to aged parents
is not specified.
In end, while each Hindu Law and
Muslim Law provide for protection, there are some differences inside the scope
and obligation of upkeep among the two personal laws. The comparative study can
also examine the historical and cultural contexts of these legal systems and
their evolution over time. It can help identify areas of convergence and
divergence between the two legal systems and their compatibility with a uniform
civil code. Furthermore, the comparative study can contribute to ongoing
debates and controversies surrounding the UCC, particularly in the context of
gender justice and equality. The legal systems of Hindu law and Muslim law have
been criticized for perpetuating gender inequality and discrimination. A
uniform civil code that addresses these issues could promote gender justice and
equality. However, the implementation of a uniform civil code requires careful
consideration and consultation with various religious communities. The
comparative study of Hindu law and Muslim law can provide valuable insights
into the challenges and opportunities associated with implementing a uniform
civil code in India. In conclusion, the comparative study of Hindu law and
Muslim law in the context of the Uniform Civil Code is crucial for
understanding the legal systems that govern personal and family matters in
India. The study can provide a nuanced and context-specific understanding of
these legal systems' similarities and differences and contribute to the ongoing
discourse on legal reform and gender justice in India.
Case Laws
Mangat Pal v Punni Devi:
In this case, the appellant filed a
petition for divorce on the grounds of cruelty and desertion. The respondent
denied the allegations and filed a counter-petition for restitution of conjugal
rights. The court held that the appellant failed to prove cruelty and
desertion, but the respondent had proved that the appellant had neglected her.
The court granted the respondent's counter-petition and dismissed the
petitioner's petition for divorce.
Bhuwan Mohan Singh v Meena:
This case involves a matrimonial
dispute where the appellant, Bhuwan Mohan Singh, filed a petition for divorce
on the grounds of cruelty and adultery. The respondent, Meena, denied the
allegations and filed a counter-petition for restitution of conjugal rights.
The court held that the appellant failed to prove cruelty and adultery but the
respondent proved that the appellant had treated her with cruelty. The court
granted the respondent's counter-petition and dismissed the petitioner's
petition for divorce.
Rachayya v Bhagyalakshmi:
This case involves a dispute over the
maintenance of the wife. The appellant, Rachayya, had divorced the respondent,
Bhagyalakshmi, and had paid her a sum of money as maintenance. The respondent
filed a petition for enhancement of maintenance, which was granted by the
court. The appellant challenged the order on the ground that he had already
paid a lump sum amount. The court held that the lump sum amount was not
sufficient and directed the appellant to pay an enhanced amount as maintenance.
Yashpal Singh Thakur v Smt Anjana
Rajput:
This case involves a dispute over the
custody of a child. The appellant, Yashpal Singh Thakur, had filed a petition
for custody of his minor daughter, which was opposed by the respondent, Smt
Anjana Rajput. The court held that the welfare of the child was of paramount
consideration and that the appellant was better suited to provide for her
needs. The court granted custody of the child to the appellant.
Rani Sethi v Sunil Sethi:
In this case, the appellant, Rani
Sethi, filed a petition for maintenance against her husband, Sunil Sethi. The
court held that the respondent had neglected his duty to maintain the appellant
and directed him to pay a monthly sum as maintenance.
Kalla Mistry v Kalaimmal:
This case involves a dispute over the
right to property. The appellant, Kalla Mistry, claimed ownership of a piece of
land, which was disputed by the respondent, Kalaimmal. The court held that the
appellant had failed to prove his title to the land and dismissed his petition.
Padmja Sharma v Ratanlal Sharma:
This case involves a matrimonial
dispute where the appellant, Padmja Sharma, filed a petition for divorce on the
grounds of cruelty and desertion. The respondent, Ratanlal Sharma, denied the
allegations and filed a counter-petition for restitution of conjugal rights.
The court held that the appellant had failed to prove cruelty and desertion,
but the respondent had failed to prove his counter-allegations. The court
dismissed both the petitions.
Jasbir Kaur Sehgal v District Judge,
Dehradun:
This case involves a dispute over the
right to property. The appellant, Jasbir Kaur Sehgal, claimed ownership of a
property, which was disputed by the respondent, District Judge, Dehradun. The
court held that the appellant had failed to prove her title to the property and
dismissed her petition.
Conclusion & Suggestion
In terms of maintenance, both Hindu
and Muslim personal laws have clauses intended to ensure that no one is denied
the right to a life of dignity because they lack the means to subsist. Family
members have a responsibility to support those in the family who are legally
entitled to it, according to both religions. With the help of judicial
decisions, the Hindu Law of Maintenance has developed and been further
broadened. The legitimacy of the ancient law has not, however, been the subject
of many modifications or disagreements. Over the years, the court has addressed
a number of disputes surrounding the Muslim Law on Maintenance. In terms of
protecting the rights of a divorced woman, it is true to say that Hindu law on
maintenance is superior to Muslim law on maintenance. The sole restriction on
the application of S. 125 for Muslim women is the need that arrangements for a
wife's upkeep after the Iddat be established during the Iddat period. Other
family members' maintenance rights are essentially equally protected under both
personal laws. Although both have undergone significant modifications over the
years, protecting family members' rights is always the goal.
1. Hindu and Muslim personal legal
guidelines in India apprehend the principle of imparting upkeep to the partner
and established circle of relatives individuals who’re not able to aid
themselves.
2. The legal provisions related to
upkeep in both Hindu and Muslim personal legal guidelines differ substantially.
For example, while Hindu law acknowledges the concept of permanent upkeep,
Muslim regulation acknowledges the concept of maintenance during the iddat
length best.
3. The study has found out that
gender-based discrimination and a patriarchal mindset preserve to impact the
implementation of protection legal guidelines, specifically in instances
regarding Muslim ladies.
4. The role of the judiciary in
deciphering and implementing preservation laws is tremendous. However, the
prolonged felony court cases and insufficient legal aid for women preclude the
effective implementation of upkeep laws.
5. The take a look at has recognized the
demanding situations and barriers faced through the legal device in making sure
powerful implementation of preservation legal guidelines, consisting of lack of
understanding among women approximately their prison rights and difficulties in
imposing protection orders. [12]
6. The studies findings advise that
legal reforms are necessary to decorate the effectiveness of maintenance legal
guidelines in selling social justice and gender equality in Hindu and Muslim
societies in India. These could consist of enhancing get entry to to legal resource
for women, introducing stringent consequences for non-compliance with
preservation orders, and making sure a gender-sensitive interpretation of
maintenance laws with the aid of the judiciary.[13]
In conclusion, the have a look at has
contributed to a higher information of the legal guidelines of upkeep in Hindu
and Muslim personal legal guidelines in India and their effect on gender
equality and social justice. The findings ought to tell the development of
felony and coverage reforms geared toward ensuring the effective implementation
of upkeep laws and selling gender equality in India.
Bibliography
Krishnaleela, S. (2020). Comparative
Study of Personal Law in India. Shanlax International Journal of Arts, Science
and Humanities. 7. 121-127. 10.34293/sijash.v7i4.2374. https://www.researchgate.net/publication/340379989_Comparative_Study_of_Personal_Law_in_India
[https://hcommons.org/deposits/?facets[author_facet][]=Nyaay+Shastra]
[1] Section 18(2) and 18(3), Hindu
Adoption and Maintenance Act,1956
[2] Hindu Marriage Act 1955
[3] Yashpal Singh Thakur v. Smt.
Anjana Rajput
[8]
Section 125 CrPC
[10] Mohammad ahmed khan v shah bano
[11] Muslim Personal Law (Shariat)
Application Act, 1937
[12] “MAINTENANCE UNDER MUSLIM AND HINDU
LAW- COMPARATIVE STUDY “ (Nagpal, 2020)
[13] Krishnaleela,
S. (2020). Comparative Study of Personal Law in India. Shanlax International
Journal of Arts, Science and Humanities. 7. 121-127. 10.34293/sijash.v7i4.2374.
https://www.researchgate.net/publication/340379989_Comparative_Study_of_Personal_Law_in_India