{UAH} Women Can't Expect Alimony After Having Sex With Other Men: Madras HC Rules;
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9:03 AM |
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Gwokto/Comrade Alan Barigye/ WBK,
This judgement by the Madras High Court is a bit troubling isn't it. A
woman must remain celibate after divorce if she wants to continue to
recieve alimony from the ex-husband.
George Okello
Women Can't Expect Alimony After Having Sex With Other Men: Madras HC
Rules; Activists Debate
By Pon Vasanth Arunachalam
Published: 17th August 2015 05:05 AM
Last Updated: 17th August 2015 09:26 AM
MADURAI:The observations made in a recent judgment by the Madurai
Bench of Madras High Court about the need for divorced women to remain
sexually disciplined to be eligible for alimony has triggered a debate
among women rights activists and members of legal fraternity.
They feel that the judgment is patriarchal and has moral perspectives
that may have negative ramifications on other matrimonial cases in
future.
Hearing a criminal revision petition filed by a man pleading that he
need not pay Rs 1,000 per month as alimony to his wife from whom he
had obtained an ex-parte divorce on allegations that she was
adulterous, Justice S Nagamuthu had observed, "If the wife wants to
retain her right to claim maintenance from her former husband, she is
expected to maintain the same discipline as she was expected during
her marital ties."
Invoking Section 125 (4) of the CrPC that states that a wife involved
in adultery or one who refuses to live with husband without sufficient
reasons is not entitled for alimony, Justice Nagamuthu said, "Since
the man carries the obligation to maintain his divorced wife, the
woman also carries the obligation not to live in a relationship with
another man."
Though the Supreme Court in Rohtash Singh vs Ramendri case in 2000 has
ruled that Section 125 (4) is applicable only if the marriage is in
subsistence, Justice Nagamuthu said that "in my considered view, the
above judgment cannot be made applicable (in this case), because even
after the decree of divorce."
Reacting to the judgment, Madras High Court advocate Sudha Ramalingam
said that the obligation for maintenance is based on the principle
that the divorced woman needs economic support to sustain herself and
this principle should be the primary criterion to decide on alimony.
"It may be agreeable that if a woman enters into another permanent
relationship, she need not be provided alimony. But coupling that with
chastity and morality is unwarranted," Sudha said.
Claiming that the judgment can be viewed as patriarchal, advocate K
Ilangovan said that even if a divorced woman is found to be involved
in an adulterous relationship, that cannot be a reason to deny her
alimony.
--
Disclaimer:Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.To unsubscribe from this group, send email to: ugandans-at-heart+unsubscribe@googlegroups.com or Abbey Semuwemba at: abbeysemuwemba@gmail.com.
This judgement by the Madras High Court is a bit troubling isn't it. A
woman must remain celibate after divorce if she wants to continue to
recieve alimony from the ex-husband.
George Okello
Women Can't Expect Alimony After Having Sex With Other Men: Madras HC
Rules; Activists Debate
By Pon Vasanth Arunachalam
Published: 17th August 2015 05:05 AM
Last Updated: 17th August 2015 09:26 AM
MADURAI:The observations made in a recent judgment by the Madurai
Bench of Madras High Court about the need for divorced women to remain
sexually disciplined to be eligible for alimony has triggered a debate
among women rights activists and members of legal fraternity.
They feel that the judgment is patriarchal and has moral perspectives
that may have negative ramifications on other matrimonial cases in
future.
Hearing a criminal revision petition filed by a man pleading that he
need not pay Rs 1,000 per month as alimony to his wife from whom he
had obtained an ex-parte divorce on allegations that she was
adulterous, Justice S Nagamuthu had observed, "If the wife wants to
retain her right to claim maintenance from her former husband, she is
expected to maintain the same discipline as she was expected during
her marital ties."
Invoking Section 125 (4) of the CrPC that states that a wife involved
in adultery or one who refuses to live with husband without sufficient
reasons is not entitled for alimony, Justice Nagamuthu said, "Since
the man carries the obligation to maintain his divorced wife, the
woman also carries the obligation not to live in a relationship with
another man."
Though the Supreme Court in Rohtash Singh vs Ramendri case in 2000 has
ruled that Section 125 (4) is applicable only if the marriage is in
subsistence, Justice Nagamuthu said that "in my considered view, the
above judgment cannot be made applicable (in this case), because even
after the decree of divorce."
Reacting to the judgment, Madras High Court advocate Sudha Ramalingam
said that the obligation for maintenance is based on the principle
that the divorced woman needs economic support to sustain herself and
this principle should be the primary criterion to decide on alimony.
"It may be agreeable that if a woman enters into another permanent
relationship, she need not be provided alimony. But coupling that with
chastity and morality is unwarranted," Sudha said.
Claiming that the judgment can be viewed as patriarchal, advocate K
Ilangovan said that even if a divorced woman is found to be involved
in an adulterous relationship, that cannot be a reason to deny her
alimony.
--
Disclaimer:Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.To unsubscribe from this group, send email to: ugandans-at-heart+unsubscribe@googlegroups.com or Abbey Semuwemba at: abbeysemuwemba@gmail.com.
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