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Report No. 73

1.3. Need for amendment of the law.-

In general, non-compliance with a decree or order of court is regarded as a matter that can be suitably dealt with in the appropriate procedural law. But it appears to the Commission that in regard to decrees and orders of the nature under consideration, it is legitimate to adopt a different approach, since non-compliance with such decrees and orders may seriously affect the well-being of married women. Contumacious failure to pay maintenance may have the effect of putting a number of women in a state of being without any means of subsistence. Apart from that, such failure is, in most cases, likely to lead ultimately either to a life of vagrancy or to a life of destitution.

If social justice is to be given a practical content and is not merely to remain enshrined in pious phrases, attention ought to be devoted to the devising of all reasonably practicable measures that would help in checking malpractices which impede the effective implementation of the law on this important subject. The suggestion has been made with reference to legislation applicable only to Hindus. But having regard to the beneficial object of the amendment under consideration, we see every reason for covering members of all communities, and no justification for excluding, from the scope of the amendment, parties who are not Hindus.

Criminal Liability for failure by Husband to Pay Maintenance or Permanent Alimony certain to the Wife by the Court under Certain Enactments or Rules of Law Back

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