Supreme Court comes to the rescue of damsels in distress


By John B Monteiro

Jul 21: In the midst of screaming media headlines about women, and girls, being raped and murdered, some consoling news for these classes come from the Supreme Court of India which, in its recent judgments, has come to the aid of Indian damsels in distress. But, first the facts.

Directing family courts to dispose of divorce, custody cases expeditiously, the Supreme Court on July 16, 2014 said that it is the sacrosanct duty of the husband to provide financial support to the separated wife even if he is required to earn money with physical labour, while holding that maintenance must be enough for her to lead a dignified life.

The court said the husband is obligated to see that the wife does not become a destitute, a beggar and directed family courts to dispose of cases of maintenance, divorce, custody of child, property disputes as expeditiously as possible to ameliorate the agony and financial suffering of a woman who has left her matrimonial home.

Dealing with Section 125 (maintenance) of the Code of Criminal Procedure, a bench of Justices Dipak Misra and V Gopala Gowda said: “It is the sacrosanct duty to render financial support even if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route unless there is an order from the court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds.”

The court made the observations while asking family court judges to avoid granting adjournments in a routine manner as they deal with sensitive issues of maintenance, divorce and custody of child between the estranged couple. “It has come to the notice of the court that on certain occasions, the family courts have been granting adjournments in a routine manner as a consequence of which both the parties suffer or, on certain occasions, the wife becomes the worst victim. When such a situation occurs, the purpose of the law gets totally atrophied,” the bench said.

“A family court judge should remember that procrastination is the greatest assassin of the lis (legal issue) before it. It not only gives rise to more family problems but also gradually builds unthinkable and everlasting bitterness. It leads to the cold refrigeration of hidden feelings, if still left. The delineation of the lis by the family judge must reveal the awareness and balance,” the bench said.

The court rejected a plea made by a Rajasthan man, who challenged a high court order wherein he was directed to pay maintenance from the date his estranged wife filed an divorce application in a family court. The court noted that the wife did not get anything for nine years as the matter kept on getting adjourned by the court.

In a second case, on July 18, 2014 the Supreme Court said that a child is not a shuttlecock to be tossed between the father and mother. A Bench of Chief Justice R M Lodha and Justices Kurian Joseph and Rohinton Nariman made this observation while hearing the case of custody of a four-year-old girl child, who, according to an order passed by the Madras High Court, had been asked to stay with the mother, G Renukadevi, for four days, and with the father, K S M Karthikeya, for three days (a week).

Referring to the order passed by the High Court on a habeas corpus petition filed by the mother, the CJI said: “This order is something which shocks the conscience of this court. We are sorry that the High Court has treated the child as a chattel, which is impermissible and unacceptable. There is no justification for the High Court to pass such an order. This is not the way a girl child should have been treated. The court has played the child like a shuttlecock between the father and the mother.” Pointing out that the welfare of the child should be of paramount concern in such matters, the CJI said, “The child can’t be put to agony and pain like this. We are not satisfied with the arrangement. This should be corrected and the child should remain with the mother.”

The case is yet to conclude, with the Supreme Court directing the father to bring the child to the court on July 21 and asking the mother to be present for the hearing. It also asked the father to bring the child on the day to facilitate mediation.

The case was argued by high profile lawyers Nalini Chidambaram for the mother and Abhishek Singhvi for the father.

What happens when you cannot afford to go up to the Supreme Court and have no resources to hire high-flying lawyers? That brings us to the third case where activists came into the picture and secured the dues of a long-suffering retired duo from Udupi. Akku and Leela had served for four decades as temporarily appointed cleaners from 1971 to 2011 in Government Women Teachers’ Training Institute at a meagre salary of Rs 15 per month. Their plea for making them permanent and get corresponding benefits finally reached the Supreme Court which on July 4,2014 issued a final warning giving one week’s time to comply with its earlier order. The State government has now issued an order which entitles them to get Rs 30 lakhs each as salary and arrears. Their case was guided and supported by the Udupi-based Human Rights Protection Foundation which has Ravindranath Shanbagh as President.


John B Monteiro, author and journalist, is editor of his website www.welcometoreason.com which incorporates his recently launched blog “ Monty’s Cocktails”

  

Top Stories

Comment on this article

  • Sumanta Roy Choudhury, Durgapur, West Bengal

    Wed, Aug 13 2014

    Respected Sir,
    Could you please mention the names of the petitioners/appellants and the respondents of the cases you mentioned in your article.

    With regards
    Sumanta Roy Choudhury

    DisAgree Agree Reply Report Abuse

  • R.Bhandarkar, M'lore

    Tue, Jul 22 2014

    Now see here...
    Even Monterio Sir, has agreed that it's 'instinctive' when it comes to helping DID. If I write about it then it has my phones ringing, puritans sulking and all that. That
    'instinct' is inherent in men I tell you. Not that 'basic instinct'
    but that 'urge instinct'(?) to help. 'Basic Instincts' that movie ,everybody has seen-right? Even the 'puritans' have seen it.
    Now to Monterio Sir's Colaba Story....
    Some points..O.K.?
    1. Think there is a difference between a 'dame' coming crushing down and a 'dome' right? Monterio Sir, obviously was young and rushed. There was flaw no.1.
    2. Young as he was then, Sir did not clearly know the definition of 'DID then. It was a 'dome' in distress. A dame does not feel her 'purse' first after a fall- Does she?
    3. Sir- being young then also obviously did not know from 'where to start'. To help-that is. That perhaps explains the dome's rather
    lady's feeling for the purse. All this happens in a flash you see- You do not read much into it.
    4. And Sir made a folly obviously. It was an how shall I put it? 'An Internal Expectation' folly! He wanted to be thanked for his labor. No Sir, You appear casual about it...as if nothing has happened! Then the 'gushing' and 'thanking profusely' starts. ..in case of a dame that is.
    Anyways it was just an 'observation' on my part. Lots of water has passed under lots of bridges after this incident-Has it not?
    Sir, I am a great fan of your writings . Your experiences surely are your own , I was just 'building' on it in my own way.
    Regards.

    DisAgree [3] Agree Reply Report Abuse

  • John B. Monteiro, Bondel Mangalore

    Tue, Jul 22 2014

    Thank you for the spirited responses.

    There is no definition of 'dames in distress' (DID) - only context.The expression DID, used in the above article, and objected to by some, is the headline-hunter's delight. It is the title of an American comedy film set in the United states East Coastal University. Newly transferred college student Lily becomes friends with violet, Heather and Rose, a clique who run the campus suicide prevention centre. they date less attractive men in order to boost their confidence.
    Damsel in distress is age-neutral and would embrace Akku and Leela - specially now that the Rs 30 lakh settlement would many years from their biological age
    As for maintenance being biased towards men, on July 19 a family court in Ahmedabad decreed Rs. 10000 per month to be paid by the wife to her crippled husband, Dalbir Singh, en ex-test cricketer,who she mistreated.
    I avoid rescuing dames in distress after an unpleasant experience.
    I was standing at the gate og my building in Colaba, Mumbai, watching the world go by. then, a battle-ship of a lady slipped and fellflat on her face. Instinctively I rushed to her and struggled to put her on her feet. She felt her blouse, made sure her purse was there.I was waiting to be thanked for my labour. She gave me a dirty look and walked away.

    DisAgree Agree [3] Reply Report Abuse

  • Lawreence, Mumbai

    Mon, Jul 21 2014

    Each case has to be dealt with separately. 498A is a widely misused piece of law which has ruined the families. Marriage is like a partnership business where both partners have to contribute equally else it will fail and the solution is dissolution.

    DisAgree [1] Agree [1] Reply Report Abuse

  • Roshan BRAGANZA, Mumbai

    Mon, Jul 21 2014

    I have certain questions here

    1: As equality to both gender is the bottonline , then why not wife work and give maintenance to husband in case he is not employed .

    2: Forcing a innocent husband to work and give ailmony to estrangled wife is human rights violation . since parents of husband will be empty and healthy young wife will be feeding on husbands money .

    3: True empowered and independent women should not ask ailmony from husband and has to work hard for daily bread. If courts pressurizes husband for hard labour and then it also applies to women specially unqualified one.

    4: Why honourable courts give partial judgement which are skewed against men , just because something brutal happened somewhere else in the country.

    5 : Why courts silent on misuse of 498 a , and increasing men suicides along the country. So all married woman are saints and men evil. Its pathetic courts going sexist on this issue.

    DisAgree [2] Agree [13] Reply Report Abuse

  • Af, mangalore

    Mon, Jul 21 2014

    Woman is always on top in the case of law is concern.

    DisAgree [3] Agree Reply Report Abuse

  • Be Positive, Florida\ Mangalore

    Tue, Jul 22 2014

    AF, this is other/ Legal way of extortion or pros####tion.

    DisAgree Agree [5] Reply Report Abuse

  • iqbal, dammam

    Mon, Jul 21 2014

    Strict law to be implemented no bail no hearing for Rape/molestation/once proved hang them in public.

    DisAgree [3] Agree [3] Reply Report Abuse

  • Well wisher, India

    Mon, Jul 21 2014

    someone please tell me what is the summary of this entire article?

    DisAgree [3] Agree [3] Reply Report Abuse

  • R.Bhandarkar, M'lore

    Mon, Jul 21 2014

    Supreme Court comes to the rescue of 'damsels in distress'. Here:
    1. Definition of 'damsels' different.
    2. Distress is a 'variable'.
    3. Akku , Leela also qualify as damsels.
    O.K.?

    DisAgree [1] Agree [4] Reply Report Abuse

  • Well wisher, India

    Mon, Jul 21 2014

    lol :-). It is a puzzle!

    DisAgree Agree [3] Reply Report Abuse

  • Flavian, Mangalore/Kuwait

    Mon, Jul 21 2014



    @Bhandarkar,

    You deserve to be rewarded for the good work (DID) you have carried out with the passage of time.

    DisAgree Agree [1] Reply Report Abuse

  • R.Bhandarkar, M'lore

    Mon, Jul 21 2014

    I was rewarded for being kind, in an unique way by the DID. No regrets.
    Sometimes helping helps.I never took advantage but.

    DisAgree Agree [3] Reply Report Abuse

  • R.Bhandarkar, M'lore

    Mon, Jul 21 2014

    I have come to the aid of so many DID -honestly. Only that it was never reported anywhere. However there was no legal bitterness involved anywhere.
    Now that the never say die, determined 'Akku and Leela' have been mentioned here , I have to look back at the definition of
    'damsels' at least.
    My 'damsels' in distress were of
    a different kind and under stress for various other reasons than those mentioned here. Case of idioms , phrases and the like having a different connotation
    with the passage of time?

    DisAgree [3] Agree [7] Reply Report Abuse

  • Ethan, Florida\ Mangalore

    Mon, Jul 21 2014

    This is making Mockery of the Institution of Marriage, why we need to be Gender biased not Gender neutral! where in unscrupulous persons always has an upper hand?!!

    DisAgree Agree [16] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, Jul 21 2014

    Please award Death sentences to the following category:
    1. Rape and Murder
    2. Raping a Minor
    2. Forcing Minors into Prostitution.

    DisAgree [4] Agree [34] Reply Report Abuse


Leave a Comment

Title: Supreme Court comes to the rescue of damsels in distress



You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.