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LATEST NEWS UPDATES | Govt panel wants women in live-ins to get maintenance -Himanshi Dhawan

Govt panel wants women in live-ins to get maintenance -Himanshi Dhawan

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published Published on Jul 19, 2015   modified Modified on Jul 19, 2015
-The Times of India

NEW DELHI: In a move to put the rights of women in live-in relationships and single independent daughters on a legally firmer footing, an expert committee set up the Centre has recommended an amendment to the Code of Criminal Procedure (CrPC) to ensure their rightful claim to maintenance.

The report is expected to be discussed at an inter-ministerial meeting on Monday.

The Pam Rajput Committee report, recently submitted to the ministry of women and child development, has recommended that Section 125 of CrPC be amended to ensure equitable rights for women. It builds on the Supreme Court's recent order that a woman in a live-in relationship and her children are entitled to maintenance.

A change in legislation is expected to add to the legal weight of the court's orders, say activists.

Section 125 mandates provision for maintenance of wife, children and parents in case of divorce or when spouses live separately by mutual consent.

The committee has deliberated on a slew of reforms to various legislations related to marriage and marital property. It has suggested that there should be a timeframe for execution of interim maintenance. Striving for consistency in family laws, the report has recommended uniformity in laws related to age of marriage and that a central legislation be brought to ensure all marriages, irrespective of religion, be registered.

On the issue of inheritance, the report said appropriate changes should be made under Sections 15 and 16 of the Hindu Succession Act to ensure that in absence of her husband and children a woman's property should go her parents. The report calls for necessary amendments to the Indian Succession Act to ensure that rights of widows do not get affected by the presence of remote relatives. This is in the context of Parsi and Christian women.

The recommendations also call for amendment to the IPC Section 497 relating to adultery to make it clear that women are not possessions of their husbands. Interestingly, the committee has suggested that irretrievable breakdown of marriage should not be made ground for divorce at present. The argument against such a provision has been that - apart from a view of marriage as an institution - such an amendment may make women more vulnerable in divorce proceedings.

The Times of India, 19 July, 2015, http://timesofindia.indiatimes.com/india/Govt-panel-wants-women-in-live-ins-to-get-maintenance/articleshow/48129535.cms


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