Progressive Maintenance Jurisprudence: Loyola Selva Kumar Vs. M. Sharon Nisha

Suhani Gupta, Shankarrao Chavan Law College

Shristi Singh, Shankarrao Chavan Law College

1. INTRODUCTION

In India, Marriage as an institution has its roots perpetuated deep down under the social crust, extending to the very core of social existence. Marriage is not just an association between two individuals, but a union between two families bringing in a lot of goodness. But, in the same vein, we cannot ignore the grey side of this institution, whether it is the demand for dowry disguised as gifts, harassment or mental pressure, contributing to the complexity of this social institution.

India has come a long way on the path of progress, whether it be the criminalisation of triple talaq or the reservation of seats for women in parliament, it has indeed come a long way and is still working towards it, and one such change is what our case portrays.

In the case of Loyola Selva Kumar Vs. M. Sharon Nisha and Ors1, the Honourable High Court passed a verdict granting maintenance to the wife, despite the marriage being void ab initio i.e. void from the beginning. This case tries to highlight the importance of allotment of maintenance and holding up the right to life irrespective of the existence of the significant other. It also depicts the usage of loopholes in the laws as a means of escape. The various problems including the prevalence of bigamy, dowry and their possible reasons, along with stigmas surrounding marriages are also discussed to put forward the mirror of reality.

Marriage is often linked to a garden of roses, but even in the most enchanting gardens, thorns exist, and this case comment tends to deal with roses and thorns concurrently, thus portraying the responsibility with which the law upholds this institution.