Divorce Dynamics: Maintenance and Custody in India

There were two recent court proceedings in the country that related to divorce and maintenance: in July, the Supreme Court once again upheld a divorced Muslim woman’s rights to claim maintenance under Section 125 of the Criminal Procedure Code or the secular law ruling that this applies to all women “irrespective of religion.” And then just a couple of weeks ago, questioned a woman who had asked for over Rs. 6 lakh per month as maintenance from her ex-husband. The court advised the woman to provide a more reasonable account of her expenses if she wanted the court to consider her application further.

So what exactly is a divorced person entitled to as maintenance – spousal and child support if children are involved, under the divorce laws in the country? How is this amount calculated? Why do so many women have to approach the higher courts for maintenance? Does the principle of being able to live in the same position as prior to the divorce apply? And does there need to be a fairer, more sensitive system for all involved?

Guest: Guest: Mihira Sood, a lawyer at the Supreme Court of India and a visiting professor at the National Law University, Delhi

Host: Zubeda Hamid

Edited by Jude Francis Weston

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