IJFANS International Journal of Food and Nutritional Sciences

ISSN PRINT 2319-1775 Online 2320-7876

A Socio-Legal Analysis Of Judicial Activism In Maintenance Rights: Empowering Women Through Judicial Interventions In India

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Dr. Sunil Sharma, Chandernibha Tyagi

Abstract

Under judicial activism Indian courts have extended maintenance rights to applicants who do not fit traditional marriage structures. During the past decades judicial interpretations of Articles 14 and 21 in the Indian constitution established maintenance as an absolute legal right which exceeds discretionary privileges. Through this advance in justice women residing in live-in relationships and those who are divorced or unmarried now receive financial sustainability. Legal decisions in Shah Bano (1985), D. Velusamy (2010) and Abhilasha (2020) have established maintenance rights through financial protection measures for women excluded from the definition of “wife”. Judicial decisions regarding this matter have become inconsistent because there is no established statutory framework. Our examination of British, American and Canadian laws demonstrates that comprehensive official legislations alongside relationship contracts combined with broadened legal protections would yield better clarity. Section 125 CrPC should undergo future reforms by incorporating changes while also acknowledging economic dependency as a criteria instead of marital status and creating dedicated family courts to handle maintenance disputes speedily. Scientists studying socio-legal applications must urgently conduct empirical research about judicial maintenance interventions because these need assessment regarding their actual influence on women's financial security. Excellence can be achieved through judicial activism and legislative reform combined to create fair maintenance laws in India.

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