Women's Right To Maintenance In India: A Constitutional And Legal Analysis

Abstract

Maintenance is an essential part of the family law, and a powerful instrument to attain economic justice, social wellness, and gender equality in India. Maintenance was conventionally regarded as a personal responsibility of a husband towards a wife, however, there is a tendency to gradually transform it into a legally binding right, which has constitutionalizing foundations and legislations that serve the well-being. Even though there is a vast number of laws and legislations, such as the Bharatiya Nagarik Suraksha Sanhita, 2023, the Hindu Adoptions and Maintenance Act, 1956, the Hindu Marriage Act, 1955, the Protection of Women from Domestic Violence Act, 2005, the Special Marriage Act, 1954, and personal laws, the enforcement of maintenance rights still has a long way to go and is fraught with legal and procedural hurdles. The inconsistent application of the law, slow judicial proceedings, weak enforcement of maintenance orders, duplication of procedures and lack of uniformity in the application of the standards for determining maintenance can impede the effective enjoyment of women's rights. This paper is a critical discussion of the constitutional and statutory provisions on the right of women to maintenance in India. It looks at the meaning and scope of the different articles of the Constitution like Article 14, 15(3), 21, 38, 39 and 41 and how the constitutional ideals of equality, dignity and social justice move the interpretation of the maintenance laws. The study research methodology comprises of doctrinal research which entails interpreting the provisions of the constitution, statutory acts, judicial precedents, and literature. Special focus is given to the changing interpretation of the Supreme Court of India in landmark and recent cases which have enhanced the recognition of maintenance as a form of substantive equality and not just financial support. According to the article, the Indian law has a number of statutory remedies, but the existing legal system is somehow inconsistent and can lead to various results and access to justice. It concludes that a constitutional approach with a gender justice, human dignity and effective enforcement mechanisms is necessary for meaningful protection of women's right to maintenance. The study suggests increased harmonisation of the implementation of maintenance laws, a common approach to deciding on maintenance, more robust enforcement mechanisms and the recognition of unpaid domestic work to fulfil the constitutional goal of substantive equality. Files