Uniformity In Maintenance: An Analysis Of Personal Laws, Civil Laws And The New Legal Framework Under BNSS
- IJLLR Journal
- 4 days ago
- 1 min read
Abha Mishra, IILM University, Greater Noida
ABSTRACT
This paper explores India’s multi-layered legal framework on maintenance, where religion specific personal laws operate alongside a common, secular procedural system. It traces the statutory foundations under Hindu law, the Hindu Marriage Act, 1955, and the Hindu Adoptions and Maintenance Act, 1956 and the provisions under Muslim personal law, particularly the Muslim Women (Protection of Rights on Divorce) Act, 1986. The study also undertakes a comparative evaluation of Section 125 of the Code of Criminal Procedure, 1973 and its successor, Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with special emphasis on reforms such as mandatory time-bound disposal of applications. A key focus is the harmonizing effect of the Supreme Court’s judgment in Rajnesh v. Neha (2020), which attempted to streamline procedures, address jurisdictional overlaps, and introduce uniformity in maintenance determinations. The paper further critiques the gendered nature of the current system, analyzes the broadened protections available under the Protection of Women from Domestic Violence Act, 2005, and assesses the persistent enforcement hurdles, especially in cases involving transnational parties.
