ALIMONY IN INDIA

Marriages are made in heaven but not all. Separation a difficult word that puts a full stop to a relationship that was tied for a lifetime. The Indian constitution has made it required for a couple to remain together at least for a year after marriage under before seeking the court's assistance for getting separated. Additionally subsequent to filling the demand of separation in the court a couple is requested to remain together for six months to give their marriage another shot of survival . If somehow, both of the factors doesn’t convince the couple to change their decision the court initiates the process of divorce. Divorce cases can be broadly divided into two classifications:

1.      Mutual divorce- One where the two accomplices acknowledge they can't get along any longer and choose to get separate by mutual consent. This type of case gets over in couple of months. In this case the couple, with their legal advisors, can sit over the table and settle on alimony and child support. Divorce Alimony/maintenance could be paid by either the husband to the wife or by the wife to the husband, it depends on the subject to the mutual understanding between both the husband and the wife. An agreement is drawn and presented in a court. Once both parties agree upon the terms and conditions in front of a judge, they are granted divorce without any hassle.

2.      Contested divorce- These are the cases where one of the partners between the two approaches the court for a divorce, citing grounds such as cruelty or adultery. Such cases are not good but bitter and become a conflict about finances like money and property. These are unpredictable cases and includes individual laws administering marriages that shift by religion and furthermore criminal laws under which a man can look for separation and divorce alimony. They can take a minimum of two years to resolve and can go on for more than a decade if the parties are not satisfied with lower court orders and want to contest it in higher courts.

The rate of separation is expanding in India at a very fast speed and people are becoming aware of the various details related to divorce laws. The time of women's activist battles and spread of training among ladies, have added to the developing appropriateness of alimony in divorce cases. A standout amongst the most important rights under separation and marital laws is the privilege to get and claim divorce alimony (maintenance). Alimony is a monetary compensation granted to the spouse who is unable to support himself/herself or who is financially weaker by the other stronger partner in order to maintain his/her standard of living same as before separation, during or after the divorce proceedings. The term 'alimony' has its origin in the Latin word 'Alimonia', meaning sustenance. The alimony or maintenance is a commitment by laws in almost all of the nations of the world. It is normal that both the life partners regardless of sexual orientation must bear the alimony or maintenance during and after marriage.

THE LAWS OF ALIMONY IN INDIA

1.         Maintenance under section 125 Cr.P.C- wife can file maintenance case and court resulting to thought over the pay, assets and other property of wife and husband will allow month to month compensation. Anyone can apply for this section for maintenance irrespective of religion or rank. Application for interim relief should be filled, with the goal that interim relief can be granted. Court may relying on the actualities of case, grant interim maintenance also.

2.         Domestic violence act, 2005- for help and o live at matrimonial house (father-in laws home), you can likewise proclaim for return of all things given to you amid marriage and furthermore for remuneration and damages for the mental cruelity endured by you and court has capacity to choose one assurance officer, who will keep check and report court during your stay at father in laws home. This law applies to all regardless of religion or caste.

Maintenance is governed by separate act for each religion. Our society consists of five major communities: Hindus, Muslims, Christians, Parsis and Jews.

·         The Hindu marriage act 1955 applies to all marriages Hindu, Buddhist, Jain and Sikhs.

·         Indian Christian Marriage Act, 1872, and the amended Indian Divorce Act applies to Christians.

·         The Marriage and Divorce Act for Parsis is applicable on Parsi marriages.

·         The hariat Law and the Dissolution of Muslim Act, 1937, apply to all Muslim marriages. Each community has its own personal laws derived from religious scriptures, customs and traditions. Thus, the grounds on which a Hindu can seek divorce and alimony may not be the same for every community.

The variables that the court contemplates for permanent alimony/maintenance for both husband and wife is as follows-

1.      The status of the both husband and wife- their income/salary, their properties and way of life

The position and status have reference more to the money related than to the social position. Income and money related status are the most critical variables while landing at a justified amount to be granted as alimony.

2.      The reasonable wants of the spouse

Need isn't bound to what is required for keeping the inquirer spouse alive and accommodating with basic necessity as it were. At the point when a minor child is living with the mother, the necessities of the child are additionally considered. Much accentuation is given on the reliefs appealed by the spouse by thinking about the status and station in life of the parties, the term of the marriage, support and education of the child, the capacity of the companion to earn and their future prospects, as likewise their age, wellbeing, liabilities, liabilities of the spouse and the sensible needs of the wife.

3.      The spouses own income

The court won't just consider the situation of the husband but in addition the position and circumstance of the wife. In case the wife working and drawing a good salary, the Court will surely mull over that alongside the husband's wage and afterward relying upon the realities and conditions of the case choose whether alimony is to be granted to the wife and if yes, at that point the amount she will get from the husband.

4.      In case where the claimant is living separately, whether the claimant is justified in doing so,

5.      The estimation of the petitioner's property and any pay got from such property, or from the petitioner's own income or from some other source.

TYPES OF ALIMONY

As per the Indian law, alimony is for the most part of two kinds:

1.      The one which is paid at the time of the courts procedure it is known as the maintenance amount.

2.      The other is paid after separation the last one can be paid as a single amount sum at the time of seperation or a settled portion in settled term.

THE ENTITLEMENT

All the more regularly it is the female accomplice who is qualified for the divorce settlement. Be that as it may, there are times when the male accomplice is observed to be bothered and the court passes the Judgment that the spouse would compensate his losses. There are a couple of situations where the law has been exceptionally stringent and has constrained the male accomplice to pay the divorce settlement when he doesn't have any pay source while the spouse capacities at an extremely lucrative activity. Likewise, the court may request that he restore the Stree-dhan, which is the wealth got at the time of marriage from her parents and the in-laws.

HOW MUCH ALIMONY ONE HAS TO PAY

The court chooses the genuine amount to be paid as alimony. The sum is computed to keep in view numerous parameters like the salary of the accomplices, societal status, the way of life, the number of kids, the number of years spent together and the attachment. There isn't any settled way to figure the measure of alimony however for the most part, it is the 1/3 or the 1/5 part of the pay of the paying spouse.

WHO ENDS UP PAYING THE ALIMONY?

1.      Wife

·         When wife is earning- If the husband has high pay and a regarded monetary status then the wife is qualified for alimony.

·         When wife is not earning- A divorce settlement sum is to be paid by the husband to guarantee that the wife is keeping up a similar way of life like his.

·         When she remarries- The alimony stands invalid and the husband needs to pay for the kids assuming any.

2.      Husband gets alimony

·         If the husband is not be able to earn due to some reason or is disabled, the court may ask the wife to pay the alimony/maintenance to her husband.

ALIMONY UNDER HINDU MARRIAGE ACT, 1955

In Hindus, laws with respect to divorce settlement are governed by personal and also central act. The articulation utilized as a part of the opening of Section 25 of the Hindu Marriage Act, 1955 empowers the provisions of alimony or maintenance. This provisions can't be limited only to decree of judicial separation under Section 10 or divorce under Section 13. It incorporates inside the articulation all kinds of decrees such as restitution of conjugal rights under Section 9, legal partition under Section 10, proclaiming marriage as invalid and void under Section 11, cancellation of marriage as voidable under Section 12 and separation under Section 13.

Any court practicing its purview may, on application made by either the spouse can order either the husband or the wife as the case may be, to pay to the candidate for her or his maintenance such gross aggregate or such month to month or periodical total for a term not exceeding the life of the candidate

The things which court remember while choosing the quantum for support are-

·         Income of the party against whom alimony has been claimed,

·         Property of the parties against whom provision has been asserted,

·         The pay and other property of the candidate,

·         The direct of the parties and different conditions of the case.

If the court is fulfilled that there is an adjustment in the conditions of either party whenever after the quantum of divorce settlement has been fixed by the court. The court may, at the occasion of either party, change, adjust or cancel any such order in such way as the court may deem just. If the court is fulfilled that the parties in whose support an order has been made under this section has remarried or where the spouse has had sexual intercourse with any lady outside wedlock may adjust the quantum of alimony.

Right of alimony for woman according to the arrangements of Hindu Adoption And Maintenance Act, 1956- A Hindu spouse will be qualified to live independently from her better half without relinquishing her claim to maintenance and alimony will be allowed to her on the accompanying ground-

·         If the husband is blameworthy of desertation, in other words, of abandoning her without sensible reason and without her assent or against her desire, or neglecting  her;

·         If the husband has treated her with so much cruelty as to cause a sensible dread in her mind that it will be hurtful or damaging to live with her husband;

·         If the husband is experiencing a harmful type of disease;

·         If the husband has some other wife living;

·         if the husband keeps a mistress in a similar house in which his wife is living or routinely lives with a courtesan somewhere else;

·         if the husband has stopped to be a Hindu by transformation to another religion;

·         If there is some other reason legitimizing her living independently.

A Hindu wife won't be fit the bill for independent home and maintenance from her better half if she is unchaste or stops to be a Hindu by changing her religion into some different religion.

ALIMONY UNDER MUSLIM LAW

The initial step is to choose whether the maintenance will be according to Section 125 Code of Criminal Procedure or according to the arrangement of Muslim Women Protection of Rights on Divorce Act, 1986. Arrangement of area 125 CrPc is managed above in detail.

1.      Muslim woman reserves the following rights after getting divorced by their husband-

·         A sensible and reasonable provision and maintenance to be made and paid to her within the iddat period by her previous spouse.

·         A sum equivalent to the entirety of mahr or dower consented to be paid to her at the time of her marriage or later as indicated by Muslim law.

·         A title to every one of the properties given to her previously or at the time of marriage or after her marriage by her relatives or companions or the spouse or any relatives of the husband or his companions.

2.      Does a Muslim woman has some other lawful alternative accessible when her better half declines to pay her the support-

·         At the point when a divorced Muslim lady has not re-wedded and can't keep up herself after the iddat period, she may make a request coordinating such of her relatives as would be qualified to acquire her property on her death as per Muslim law to pay such sensible and reasonable maintenance to her

·         Where such divorced woman has a child, obligation is of the children to pay maintenance to her, and in case of any such child being not able pay such maintenance, obligation lies on the guardians of such women to pay maintenace to her.

·         For the situation where there is nobody to keep up the spouse at that point, State Wakf Board built up under section 9 of the Wakf Act, working in the territory in which the woman lives, is compelled by a sense of honor to pay such support as controlled by the court

3.      What to do when your better half declines to maintain you after separation-Where a sensible and reasonable arrangement and maintenance or mahr due has not been made or paid or the properties given to the wife before or at the time of marriage or after her marriage by her relatives or friends or the husband or any relatives of the husband or his friends have not been delivered to a divorced woman on her divorce then she has the following rights available.

·         She or anybody appropriately approved by her may, on her sake, make an application to a Magistrate for a request for payment of such arrangement and maintenance, mahr or dower or the delivery of properties.

·         The following is looked by the Magistrate while deciding such cases

a)      Whether the husband having sufficient means, has failed or neglected to make or pay her within the iddat period a reasonable and fair provision and maintenance for her and the children or not?

b)      The amount equal to the sum of mahr or dower has not been paid or that the properties given to her before or at the time of marriage or after her marriage by her relatives or friends or the husband or any relatives of the husband or his friends have not been delivered to her,

4.      Merits on which quantum of alimony is decided under Muslim Divorce and maintenance laws-

·         The needs of the divorced woman,

·         The standard of life relished by her during her marriage and

·         The methods for  such relatives and such maintenance shall be payable by such relatives in the proportions in which they would inherit her property.

ALIMONY UNDER CHRISTIAN LAW

Section 36 of the Indian Divorce Act, 1969 administers the course of action of provision for Christians in India. Under Section 36, a lady can guarantee her qualification to divorce settlement and the spouse will be fit the bill for paying the alimony, if coordinated by the Court. Section 36 of the Indian Divorce Act, 1969 read as follows:

·         In any suit under this Act, regardless of whether it be initiated by a husband or a wife, and regardless of whether she has obtained an order of protection, the wife may introduce an appeal for costs of the procedures and provision pending the suit.

·          Such petition will be served on the husband; and the Court, on being satisfied with reality of the announcements in that contained, may make such order on the husband for payment to the wife of the expenses of the procedures and provision pending the suit alimony pending the suit as it might deem just.

·          Given further that the request for the expenses of the procedures and alimony  pending the suit, will, as far as what many would consider possible, be discarded within sixty days of service of such appeal to on the husband.

INCREASING RATES OF DIVORCE: AN ANALYSIS OF REASONS

The Higher level of education, awareness, and independence of women in all strata of society has played a major in eliminating the age-old notion that they are destined to sacrifice and compromise, and not serve their significant half and his family as the purpose of their existence. Divorce lawyers all over India share experiences and stories of the requests and cases they receive from people seeking mutual divorce or contested divorce. It does not imply that it is only suffering women who seek divorce and separation from cruel husbands; the converse is also true and we come across numerous stories of men who suffer at the hands of manipulative and mistreating wives and families. An experienced divorce lawyer in Bangalore once told us that what matters, in the end, is that one partner is dominant and the other is all-enduring, and the latter eventually moves for a legal separation when they decide they have had enough. The times have changed and more people come out with their experiences now, which is indeed appreciable as it gives the requisite strength to more weak partners to speak up against abusive/exploitative marriages and fight for their rights. However, not all divorce cases are due to abuse and cruelty, says Adv. Arvind from Bangalore, “many couples in tech-cities are simply tired of each other and approach us for mutual divorce. They do not have time for personal life and got married simply because that is how the society works. But then life happened, and the society cannot come live your life”. Marriage Counselor Mr. Anubhav from Delhi says, “This is precisely why people should think and decide on what they want in life, before jumping into a decision simply because that is what everyone else does and that is expected of you too. Divorce becomes an unnecessary tedious exercise if you could have just given it forethought and realized that married life is not a feasible option for you.” While mutual divorce takes comparatively less time and the process is less painful, a contested divorce is a different story oftentimes. When one partner seeks divorce for reasons like adultery, cruelty or desertion, the other party naturally defends his/her part and it leads to false allegations and dirt-hurling in the Courtroom. Since contested divorce can be granted only on the grounds listed under the specific Act, couples seeking divorce try to manipulate and distort the facts to bring matters within one of the listed ground by hook or by crook. The despair gets the better of them, and then there is no stone unturned in getting that divorce. 

Marriage Counselling

The most crucial pillar of the society and the basis for the system of family – marriage has been the most peculiar aspect for humans. Spouses do everything in their capacity to sustain their lifelong marital bond but there are certain mental repercussions which should be duly tackled. When the spouses are unable to make the marriage work in their capacity, marriage counseling should be the preferred option before consulting a divorce lawyer.

Marriage Counselling

Couples’ therapy or Marriage Counselling is a psychotherapeutic platform which allows the spouses to recognize the conflicts in their marriage and resolve them in order to improve their relationship. Such differences always pose a long-lasting consequence over the mental status of the couples and their children. Therefore, it is advisable to acknowledge the psychological benefits of such counseling.

Psychological Benefits of Marriage Counselling

* It reduces avoidance between them and enable them mentally to face each other and converse about their problems;

* There is a drastic improvement in the communication skills;

* Helps in communicating needs without expressing anger or feeling of resentment;

* Fear of hurting or abuse by the spouse is tapered down;

* The whole perspective of seeing things gets augmented;

* The spouses start inculcating the feeling of taking responsibility for their actions;

* A road to self-discovery to undertake common activities and goals;

* A person gets a deeper understanding of the needs and aims of his/her spouse and his/ her overall personality;

* The counselor tries to strengthen the relationship and build resilience to leave an everlasting positive outcome;

* Pestering of the past gets downsized and is replaced with happy and desired memories;

* Building up of self-esteem;

* The choked-up frustration gets released before the counselor which sets off the steam and brings down the room temperature;

* Rejuvenates the old lost emotional connection;

* Children learn a lot from their  parents – if parents are going for divorce, children will assume that it is the only solution to a problematic marriage but marriage counseling would have an everlasting positive impact;

* Children would be emotionally stable as their parents would be busy working out their problems.

Important Things to Remember

• Marriage Counselling costs are usually overstated but are not;

• A psychologist would advise you pills but a marriage counselor would provide you with suggestions, motivation, etc;

• A counselor always try to change dysfunctional behaviors, especially the psychological ones;

• Seeking to counsel in early stages of problems increases the chance of saving the marriage;

• Degree of counselor does not matter but his compatibility with the spouses;

• Do not consider the various statistics of marriage and divorces around the world;

• It should be carried out through mutual consent of the spouses;

• Search for a good couples counselor before taking up marriage counseling;

• The counselor is not responsible for curing the marriage;

• Go for counseling with a positive attitude, even if you don’t want your marriage to work because you never know what good might happen.

Divorce Risk Analysis

Divorce is the dissolution of marriage in a legal manner sanctioned by a competent court. It is not just a legal phenomenon but a psychological occurrence as well. It triggers a whole lot of risks for either or both the partners like depression because of loneliness, radical changes in the lifestyle, loss of hope, loss of children, etc. Nonetheless, the rate of divorce is still pretty low in India.

The Affected People

 The children (if any);

 The partners themselves;

 Parents of both the partners;

 Siblings of both the partners.

Reasons behind Divorce

 Woman unable to bear child (especially a son);

 Not enough dowry is given by wife’s family;

 Adultery;

 Desertion;

 Incurable disease (mental, physical)

 Second marriage

 Husband guilty of a heinous crime (rape, murder, sodomy)

 Child marriage

 Mental or physical cruelty (danger to life or limb or health of spouse)

 Uneducated husbands

Divorce Risk Analysis

After the husband/wife sends a legal notice for divorce to his/her counterpart, there are numerous high-end risks that may be irreparable in the future. If the spouse replies to the notice in affirmation or the court grants divorce, the following may happen

• The spouses invite social trauma and lowered social status for the whole family;

• Husband may be required to pay maintenance for lifetime;

• Half of the total property of husband would go to wife;

• Poverty (for the spouse who is not financially sound);

• Loneliness and Depression;

• Question as to who will get the custody of children would be a mind-boggling issue;

• Remarriage is quite difficult and cumbersome in Indian society. Even if the spouse remarries, the step-father or step-mother may not be welcoming for the children;

• One study also suggests that children of divorced parents consider divorce as the perfect solution to marital problems;

• Studies have found that children with divorced parents show lower levels of success at schools, poorer and deranged behavior, the number of emotional problems, low self-esteem, difficulties in making social relationships, etc.

Statutes Governing the Divorce Law in India

Hindu Marriage Act, 1955

Special Marriage Act, 1954

Divorce Act, 1869

Parsi Marriage and Divorce Act, 1936

Important Do(s) and Dont(s)

• Don’t opt for divorce for petty marital problems;

• Contact a divorce lawyer for legal consultation or seek online legal help from top divorce lawyers.

SC refuses to stay Parrikar Oat taking ceremony

On March 14^th, 2017, the Hon’ble Supreme Court of India refused to stay the oath taking ceremony of Manohar Parrikar before the Goa Legislative Assembly to be sworn as the Chief Minister of Goa. Furthermore, it ordered a floor test to be held on March 16^th, 2017.

Where it all began

At the completion of Goa Assembly elections on 40 seats, Congress party stood at 17 seats, BJP at 13, Goa Forward Party (GFP) at 3, Maharashtravadi Gomantak Party (MGP) at 3, Independent numbering 3 and NCP at 1. BJP got support from GFP, MGP and two independent MLAs and claimed majority before the Governer of Goa. Mridula Sinha, the Governor of Goa, invited BJP to form the government in the state. Congress filed the petition before the Supreme Court challenging the decision of Mridula Sinha.

Contentions of the Parties

Senior Advocate Abhishek Manu Singhvi, appearing for Congress, contended that the Governor failed to adhere to the mandates of the Constitution of India and acted in a mala Fide and arbitrary manner as he should have invited Congress, i.e., the single largest party in Goa to form the government. They also contended that BJP employed a late-night political maneuver and defeated the mandate of the people which was in favor of Congress.

Senior Advocate Harish Salve, appearing for Mridula Sinha, contended that the Governor was convinced of BJP’s majority while on the other hand, Congress failed to prove its majority. He also stated that the floor test will happen as soon as possible. Moreover, the swearing-in ceremony should go as planned, on 14^th March at 5 p.m.

The Verdict

A three-judge bench led by Chief Justice of India J S Khehar observed that there is no rationale for staying the oath taking ceremony. It further stated that all the formalities required by the Election Commission to be completed by 15^th March and the floor test to prove the majority should be conducted on 16^th March at 11 a.m. Supreme Court cracked down on Congress by pointing out that “The Congress don’t have the numbers or else it would have proven its majority before the Governor. Everything is lacking in their plea and they haven’t approached the Governor to form the government.” It finally directed the parties to appoint a ‘Protem’ speaker to conduct the floor test.

WORLD’S MOST EXPENSIVE DIVORCE LAWYERS

Each party to marriage ties the knot with other with great hopes and expectations. Each party to the marriage has a right to enjoy the company of other for the solace of his life. But sometimes circumstances may arise and parties want to dissolve their marriage due to some reason or another. A divorce lawyer can help someone who wants to divorce his/her spouse. There may be some NGOs which can provide free legal advice. One can also seek a legal adviser online. In most of the cases, one has to pay a fee for hiring a lawyer for divorce. There are many divorce advocates in the world who charges a huge fee from their clients for lawyer consultation. Let’s have a look on the world’s most expensive divorce lawyers-

1. Laura Wasser- 

Laura Allison Wasser is a partner at Los Angeles-based firm Wasser, Cooperman & Mandles, established by her father, Dennis Wasser which deals in family law cases related to marriage, divorce and child custody. She joined the firm after graduating from Loyola Law School in 1996.She is one of the most expensive lawyers as she Charges $850 for an hour and requires a $250,000 retainer. It is alleged that Wasser typically only represents people who are worth more than $10 million. Laura Wasser has represented a number of high-profile celebrities in the past, including Johnny Depp in his divorce from Amber Heard, Britney Spears, Mariah Carey, Kim Kardashian West, Ryan Reynolds, Heidi Klum and more. She even represented Jolie in her divorce from Billy Bob Thornton in 2003.Angelina Jolie has hired Wasser to represent her as she has filed a divorce suit against her husband Brad Pitt where the main issue is related with custody of their 6 children.

2. Sandra Davis-

Sandra Davis is a partner and head of the Family Department of the London-based firm Mishcon de Reya, Davis charges £610 an hour and has represented celebrity clients such as the Princess of Wales, Jerry Hall, Thierry Henry and Tamara Mellon. With her 30 years of experience. Sandra specializes in complex high-net-worth and ultra-high-net-worth cases. She is a Fellow of International Academy of Matrimonial Lawyer. London Super Lawyers directory even named her one of the Top 100 Lawyers and one of the Top 50 women.

3. Fiona Shackleton (Baroness Shackleton of Belgravia)- 

Fiona Sara Shackleton is a partner in one of the London’s leading family law firms, Payne Hicks Beach which she joined in 2001. She has represented members of the British Royal Family and legendary Beatle, Sir Paul McCartney, and many more celebrities. Shackleton charges £640 for an hour plus £5k for an initial meeting.

4. Ira E. Garr- 

Ira E. Garr works with Slipe Garr, P.C. a New York based firm which deals with matrimonial issues. Garr has been listed as one of the “Best Lawyers in America” since 2008.Most of his clients are generally high net worth individuals and often celebrities, it is no wonder that Murdoch chose Garr to represent him in the $11.2 billion divorce suit with her third wife.

5. Liz Vernon-

Liz Vernon is a partner at family law firm Clintons based in London. She has over 20 years of experience. She has dealt with high profile clients from sports, media and entertainment fields and their spouses like Slavica Ecclestone and Karen Parlour.

Right to Maintenance (Law)

To combat the social injustice and prevent the neglected people from falling into destitution, a universal legal weapon has been provided under Section 125 of the Criminal Procedure Code, 1973, which is not bound by the shackles of caste and religion and vests the right to claim maintenance for those people.

Who can claim maintenance under Sec. 125?
• Wife: Under Hindu law, for the wife to claim maintenance, marriage should have been solemnized in accordance with the Hindu rites and rituals and be valid under the Hindu Marriage Act, 1955.

Under Muslim law, women have the right to claim maintenance even after the conclusion of her iddat period. But marriage should be valid under Muslim Personal law.

Place of claim – where husband or wife resides or where the husband is physically present currently or where husband last resided with his wife.

• Children: Both legitimate and illegitimate male and female children can file for maintenance until they reach the age of majority. But adult unmarried daughters can claim for maintenance from their fathers.

• Parents: Mother and father can also claim maintenance from any of their children or all of them.

Place of Claim – where they reside or the child resides.

Important Points to remember while claiming maintenance:
• The person claiming maintenance should be incapable or unqualified to earn.
• The person must have neglected the claiming party or refused to pay maintenance.
• Burden of proof lies with the husband that he did not refuse or neglect to pay maintenance.
• The standard of living matters the most. Husband is legally obliged to restore the previous (before separation) standard of living off her wife. It should not be more or less than the amount required to restore the same.
• The interpretation of live-in relationships has shifted from a casual look to a serious one where a valid marriage may be presumed.
• Maintenance is usually on a monthly basis.
• A financially unsound or physically incapable person would not be forced to provide remuneration.
• Proceedings u/s 125 are civil in nature.

Filing claim for Maintenance under Sec. 125 (Process):
1. The claim for maintenance is filed before the Judicial Magistrate 1st class. 
2. The period of limitation is 1 year from the date the maintenance fell due.

Grounds of Rejection of Claim:
• If the woman has committed adultery;
• If she was living separately from her husband without any just cause;
• If she has remarried;
• If both of them were living separately with mutual consent;
• If she was aware of her husband’s first marriage which is still in force.

Statutory law References:
Section 125 of the Criminal Procedure Code, 1973

Important Judgments:
Chanmuniya v. Chanmuniya Virendra Kumar Singh Kushwaha and Anr (2011) 1 SCC 141
Mohd. Ahmed Khan v. Shah Bano Begum 1985 SCR (3) 844
Danial Latifi v. Union of India 2001 (7) SCC 740 
Shah Bano v. Imran Khan AIR 2010 SC 740
Mansi Vohra v. Ramesh Vohra CRL.M.C. 2474/2012

If not complied with the order for maintenance, the court-
• can issue a warrant for levying the amount due;
• can attach the property and sell to recover such due amount;
• may award imprisonment for a maximum of 1 month after the execution of the warrant or until payment if sooner made.

SC’s landmark decision to Protect Online Freedom of Speech

Before 2015, no sane person would have thought that the knees of Section 66A of the Information Technology Act, 2000 would go weak and that too against one of the most powerful persons of Maharashtra. In March 2015, Supreme Court of India struck down Sec. 66A which restricted the freedom of speech and expression under Art. 19(1)(a) while upholding the people’s right to know.

How it all began

In 2012, two girls allegedly posted some negative comments against the total shutdown in Mumbai in pursuance to the death of Shiv Sena leader the late Bal Thackeray. After their arrest, a Bristol University astrophysics graduate, Shreya Singhal, filed a PIL before the Supreme Court of India where she challenged the undue restrictions on online speech which had been acknowledged under Sec. 66A of the Information Technology Act, 2000.

Section 66A reads as follows: “Any person who sends by any means of a computer resource-

a)      any information that is grossly offensive or has a menacing character; or

b)      any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult shall be punishable with imprisonment for a term which may extend to three years and with fine.”

Contentions of the Parties to the Case

Section 66A was not originally enacted with the statute of 2000 but inserted by way of 2009 amendment. The petitioner’s contention circled around the fact that restrictions under Sec. 66A are in clear violation of the right to free speech and expression enshrined under Art. 19(1)(a) of the Constitution. Causing of annoyance, hatred, danger, obstruction, insult, ill-will, insult, criminal intimidation, injury, inconvenience are not hit by the conditions of Art. 19(2). The public has the right to know various kinds of views on a particular topic. However, it was countered by the respondents with the contention that the legislature is in the best position to understand and cater to the needs of the people.

The Judgment

The Apex Court placed focus upon what is the content of “freedom of speech and expression”. It stated three concepts in this regard – first is a discussion, second is advocacy and third are incitement. Discussion and advocacy form the core of Art 19(1)(a) but when it effects incitement, Art. 19(2) comes into play. However, what may be offensive to one may not be to other. It observed that the whole discussion centered around public disorder and ‘reasonable restrictions’ can be interpreted on the lines of Chintaman Rao v. State of Madhya Pradesh, [1950] S.C.R. 759, Mohd. Faruk v. State of Madhya Pradesh & Ors., [1970] 1 S.C.R. 156. It also stated that written words causing inconvenience, danger, annoyance, etc. does not count as an offense itself and are vague and overbroad. The court further observed that it is bound by the law laid down in Ram Manohar Lohia’s case [1960] 2 S.C.R. 821 and held that “Section 66A is unconstitutional also on the ground that it takes within its sweep protected speech and speech that is innocent in nature and is liable therefore to be used in such a way as to have a chilling effect on free speech and would, therefore, have to be struck down on the ground of overbreadth.” The bench of Justice J Chelameswar and Justice Rohinton F Nariman further supplemented their findings by stating that government’s assurance to prevent misuse of the provision will not matter as governments come and go.

Surprisingly, a data released by National Crime Records Bureau (NCRB) in 2015 showed that 2,402 people were arrested under Sec. 66A in 2014.

Right to be forgotten- Kerala High Court asks Indian Kanoon to remove name of the rape victims from Judgements

In 2017, a rape victim filed a petition before the Kerala High Court to pass an order directing the online web portal ‘indiankanoon.com’ to strike off her name published in a Kerala High Court judgment on its website and also prevent her name from being visible in the search results of Google, Yahoo, etc.

Facts:
The name of the rape victim appeared online on ‘indiankanoon.com’ in the judgment of the Kerala High Court which was passed in regards to her. Moreover, the judgment appeared in the general search results of Google and Yahoo.

Legal Contention:
She stated that the publication of her name was without authorization/prior permission from the court or her which is in clear contravention of the mandate provided under Rule 5 of the Information Technology (Reasonable Security Practises and Procedures and Sensitive Personal Data or Information) Rules, 2011. Her grievance extended to the search results of Google and Yahoo.
According to her, the publications violated her right to privacy and right to a dignified life enshrined under Art. 21 of the Constitution of India as it has diminished her job prospects and social life which has brought upon further shame and destitution upon her. Furthermore, the essence of Section 228A of IPC is also diluted.

Section 228A of the Indian Penal Code:
Under Section 228A of IPC, disclosure of the identity of a rape victim may amount to two years imprisonment and fine. She also contented her ‘right to be forgotten’. In State of Karnataka v. Puttaraja AIR 2004 SC 433, the Apex Court of India held that the names of the rape victims should not be mentioned in court cases keeping in mind the social object of preventing social victimization or ostracism of the victim and hence, in line with Sec. 228A.

What is “Right to be Forgotten”?
The roots of this phrase ‘Right to be Forgotten’ can be traced back to the ‘Right to Oblivion’ in French Jurisprudence. The rationale of such a principle was to give an opportunity to the offenders to object against the publication in regards to their crimes and strike off their names for an effective social integration. This right went into practice in the European Union and Argentina as well and has been seen as a tool for social integration and development of a person. In Vasunathan v. Registrar General, 2017 SCC OnLine Kar 424, Karnataka High Court, while directing its registry to remove the name of the victim from being reflected in the public domain, observed, “This is in line with the trend in Western countries of ‘right to be forgotten’ in sensitive cases involving women in general and highly sensitive cases involving rape or affecting the modesty and reputation of the person concerned.”
Recently, a tussle has been going on between France and Google over the ‘right to be forgotten’ where France is trying to impose such rule upon Google to censor its search results. In India, there are no provisions under Information Technology Act, 2000 or any other statutes which prevents Google or any other search engine to enforce the ‘right to be forgotten’ as the scope of public domain is pretty scary. It will wrangle anything out from the world. To prevent such anomalies, the weapon of Judicial Activism is a requirement.

Order
Recognizing the ‘right to be forgotten’ and confidentiality of her identity under Sec. 228A of IPC, Justice Shaji P. Chaly of the Kerala High Court directed the web portal indiankanoon.com to remove her name from its website. However, no such direction has been passed towards Google and Yahoo.