Madras High Court Judgment is being misinterpreted

The recent judgment by the Honourable Madras High Court ordering maintenance to a woman has been misinterpreted by quoting some parts of the judgment, without considering the context in which it was delivered. Succinctly put, the appellant is a lady who was married to the respondent and had two children from him. She was not granted maintenance by the lower court due to lack of documentary evidence and other evidences like customary rituals. Justice Karnan, who presided the Court, ordered that the appellant be granted maintenance stating the fact that the couple has been living together and had two children out of the relationship. The Court held that this was to be considered as proof of marriage. This judgment should be welcomed as it addresses the plight of many women who fight for justice in the family courts, who are denied maintenance and their very survival is put at stake. The court further clarified that proof of marriage is not decided by the existence of customary rituals which are just to show the society as to the conduct of marriage. These rituals just satisfy the society that the couple has been married. It is high time that our thoughts change. Rituals and customs should not be given more importance to rationality. Religion should pursue humanity not injustice. What else can a woman deserve who did not register her marriage, did not follow rituals and trusted a man with her life, lived with him and begot two children? She did not have any other option but to be separated from him. How will she maintain herself and her children? Those children were declared as legitimate and the woman a legitimate wife. The Court has delivered justice to the woman who is in distress since the year 2000.

Problems

Sometimes, we think too much and complicate things and end up creating problems. These problems become too difficult to solve. They take away all peace.

Revival of blog

I created this blog to express my thoughts, whether anyone reads them or not. When we express our ideas or opinions on any topic under the sun, we can attain some satisfaction and improve writing skills too. I waste time browsing facebook which becomes boring after some time. I decided I should revive this blog and from now on I will be an active blogger. I hope I will not break the promise.