AN ANALYSIS ON MISUSE OF MAINTENANCE RIGHTS BY WOMEN AND ADDRESSING GENDER INEQUALITY IN MAINTENANCE LAWS IN INDIA
AUTHOR – MS. JASLEEN KAUR1 AND DR. SALTANAT SHERWANI2
STUDENT1 AND ASSISTANT PROFESSOR2, AMITY UNIVERSITY, NOIDA
BEST CITATION – MS. JASLEEN KAUR & DR. SALTANAT SHERWANI, AN ANALYSIS ON MISUSE OF MAINTENANCE RIGHTS BY WOMEN AND ADDRESSING GENDER INEQUALITY IN MAINTENANCE LAWS IN INDIA, Indian Journal of Legal Review (IJLR), 4 (1) of 2024, Pg. 18-24, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Women-centric laws in India have been implemented with the noble objective of empowering and protecting women from different types of discrimination, abuse, and injustice. However, there has been raised concern over the years concerning possible misuse of these rules and regulations. A key component in these laws is the Right to Maintenance, which aims to alleviate the harsh circumstances that many women experience. In India, the process of dissolving a marriage may be a highly traumatic ordeal, specifically for women who must negotiate settlement terms and seek maintenance payments for their own well-being and their children. This complicates the already-stigmatized nature of divorce. Maintenance, in this sense, refers to the financial assistance that one spouse is required to offer to the other when the latter is unable to fulfil their recurring expenses. In recent years, there has been an alarming increase in the number of false lawsuits brought by women, usually with malicious purpose, to obtain maintenance. Innocent people, including males and their families, have been falsely implicated, resulting in legal harassment, social humiliation, and financial difficulty. This abstract sheds light on how such misuse can perpetuate gender bias and impede progress toward gender equality in society. By filing false cases, individuals undermine trust in the legal system and divert attention from genuine instances of discrimination and violence against women. This erodes support for women’s rights initiatives and makes achieving meaningful change more challenging. Addressing this misuse is crucial for upholding fairness, justice, and gender equality.
Keywords: Maintenance rights, Gender Equality, Discrimination, Injustice, Legal Harassment