Hyderabad: The recent ruling of the Supreme Court, sending a man to jail for failing to pay maintenance to his wife, has been welcomed by advocates who point out that the courts are taking a serious view of orders not being followed.
In this particular case, the Bench of Chief Justice T.S. Thakur and Justice V. Gopala Gowda had stated in their order dated November 25, 2013 that a compensation of Rs 5 lakh was to be paid to the wife within six months.
Also a maintenance of Rs 2,000 had been granted to her. In her contempt petition, Saraswathy alleged disobedience to the direction of the court order by her husband Babu who had neither paid maintenance nor the compensation.
Advocate W. Rachana said, “The courts are now acting very quickly to the cases presented to them. In this case, it has shown its sensitivity and also acted immediately which is a welcome change for many women who are struggling to get justice. This positive change helps to restore faith and also encourages people to approach courts in case of abuse or settlement issues.”
A recent case which has been a talking point in the state is that of senior civil judge of Khammam, M. Venkata Ramana, who granted divorce to a couple after hearing one of the petitioners over Skype.
Advocate Basava Punnaiah said, “The court wanted to hear both the petitioners personally. As the woman was in US, her version was taken through Skype. This is a welcome change as the justice system ensures it is not delayed and at the same time it is delivered after verifying the facts.”
Advocate Momin Roshan said, “Many a times, courts are the last resort for women who do not want to waste time waiting for years to get justice. The present system of fast track courts and also acting promptly on judgments not being followed send strong signals in the society that the court has a stern view.”
Judgments which show that India is a better place for women
Vishaka & Ors. V. State of Rajasthan & Ors., (1997) 6 SCC 241
Due to this cases guidelines to prevent sexual harassment against women in work places were issued by the bench comprising of Chief Justice Verma, Justice Sujatha Manohar and Justice B.N. Kirpal. This verdict was superseded by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Vaddeboyina Tulasamma v. Vaddeboyina Shesha Reddi, 1977 SCR (3) 261
This case highlighted the Hindu female’s right to maintenance as a tangible right against property. The Bench comprising of Justice P.N. Bhagwati, Justice A.C. Gupta and Justice S.M. Fazal Ali held that Section 14(1) of the Hindu Succession Act, 1956 must be liberally construed in favour of the females so as to advance the object of the Act. This section makes female Hindu a full owner of a property, instead of a limited owner.
Mrs. Mary Roy Etc. v. State Of Kerala & Ors, 1986 AIR SC 1011
The Supreme Court in this case held that Christian women are entitled to have an equal share in their father’s property. This path-breaking judgment sent shock waves throughout the country. Till then, Christian women in Kerala were governed by the provisions under the 1916 Travancore-Kochi Christian Succession Act. Under this Act, a Christian daughter can inherit only one fourth of the share of the sons in her father’s property. The Bench comprising of Chief Justice P.N. Bhagwati and Justice R.S. Pathak gave a liberal interpretation that benefited the Christian women in Kerala and brought them within the ambit of the Indian Succession Act, 1921.
Mohd. Ahmed Khan v. Shah Bano Begum, (1985 SCR (3) 844)
The Supreme Court in this case ruled in favour of Shah Bano and ordered maintenance from her ex-husband under Section 125 of the Criminal Procedure Code (with an upper limit of Rs 500 a month) like any other Indian woman. The judgment was not the first granting a divorced Muslim woman maintenance under Section 125. But a voluble orthodoxy deemed the verdict an attack on Islam. This was a milestone in the Muslim women’s search for justice.
Shamim Ara v. State of U.P., 2002 (7) SCC 518
The Supreme Court in this case held that the requirements of a valid talaq are: (i) That the talaq must be for a reasonable cause; and (ii) It must be preceded by attempts of reconciliation between the husband and the wife by two arbiters – one chosen by the wife from her family and the other by the husband from his family. If their attempts fail, talaq can be affected.
Lata Singh v. State of Uttar Pradesh, 2006 (6) SCALE 583
Noting that there was no bar to inter-caste marriage under the Hindu Marriage Act, a Division Bench of the Supreme Court comprising of Justice Ashok Bhan and Justice Markandey Katju observed that since there was no dispute about the petitioner being a major, “she was free to marry anyone she likes or live with anyone she likes”. The court held that no offence had been committed by any of the accused. The judgment directs the administration and police authorities throughout the country to ensure that if any boy or girl who is a major enters into an inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed or subjected to threats and violence
‘Onus is on women to get justice’
The recent decisions of the Supreme Court on live-in-relationships, second marriages and the rights of children from second marriages have come as a breather. But the onus is still put on the women to seek justice.
Advocate Mohammed Siddique said, “There is a strong need in the society for men to understand that when they have been living with a women for so long, she must be protected too. Yet many leave them and the onus to seek justice lies with the women. Here, she must have faith and also the willingness to go the distance for justice. This calls for a lot of patience, courage and also guidance while dealing with the cases.”
Women who have fought it out in courts for their rights have shown the way to thousands of others who still continue to suffer in silence.
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