International Journal of Science and Research (IJSR)

International Journal of Science and Research (IJSR)
Call for Papers | Fully Refereed | Open Access | Double Blind Peer Reviewed

ISSN: 2319-7064

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Doctoral Thesis | Law | India | Volume 12 Issue 11, November 2023

Maintenance; Exploring the Need for a Gender- Neutral Law

Rashmita Rana [2]

Abstract: Maintenance laws in India, fundamentally administered by Section 125 of the Criminal Procedure Code (CrPC), are of central significance. These laws effectively offer financial help to individuals who can not sustain themselves, worries about gender neutrality and the changing landscape of relationships, like live - in partnerships, have produced complex legal conversations. Section 125, a foundation of maintenance law in India, generally stretches out financial help mainly to legally married or customarily wedded wives. The utilization of this legislative framework has been scrutinized because of its evident gender specificity and its restricted extension in recognizing live - in relationships. A basic issue emerges while determining whether a female accomplice in a live - in relationship can guarantee maintenance under Section 125 of the CrPC, bringing this make difference to the very front of legal talk. The 2013 judgment in the case of Indra Sarma vs. VKV Sarma demanded a thorough examination of live - in relationships and their legal status. In addition, the constitutionality of Section 125, CrPC, has been challenged, especially concerning gender equality and secularism principles enshrined in the Indian Constitution. Courts have been called upon to address these challenges, emphasizing the need for an extensive assessment of the law?s inclusivity. This paper looks into these intricate legal issues, investigates critical court rulings, and legislative arrangements, and examines the requirement for a gender - neutral framework within India?s maintenance laws. It means to improve understanding of the interplay between law, society, and gender in the Indian setting.

Keywords: Maintenance Law, Gender Neutrality, Section 125 CrPC, Live-in Relationships, Legal Reform

Edition: Volume 12 Issue 11, November 2023,

Pages: 1526 - 1529

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