UNIFORM CIVIL CODE :
--- AN UNFULFILLED CONSTITUTIONAL OBLIGATION
Articles 44 of the Constitution of India impose a positive obligation on the state to establish a Uniform Civil Code (UCC) for all Indians throughout the territory of India. Though not enforceable through the Courts of Law, yet the directives are fundamental in the governance of the country.
* The main reason for delay and the mute and petrified attitude of the State in respect of UCC is a misconceived fear that the enactment of UCC could amount to imposition of the laws of the majority over the minority.
* In Sarla Mudgal AIR 1995 SC 1531, Kuldip Singh J. said :
There is no justification whatsoever to keep in abeyance any more the introduction of UCC for all citizens in territory of India.... The State must retrieve Article 44 from cold storage where it is lying since 1949.
* In the case of Ahmedabad Women's Association Group (AWAG) AIR 1997 SC 3614 ,
Lyly Thomas AIR 2000 SC 1650
Denial Latifi (2001) 7 SCC 740
(Where in the Court has expressed its inability to intervene in respect of questioning the wisdom of statutory and non statutory personal laws)
However, the Court adopted a status quoist line, but again in
* John vallamattom JT 2003 (6) SC 37
Strongly favored the enactment of the Code and decried the Government's inability to fulfill the Constitutional Directive.
* Marriage, Divorce, Marital Property Law, Adoption , Succession Law -- should leave the people free to marry in form they choose, e.g. in a Church or in a Temple or by a Nikkah but the Civil consequences that flow from the marriage should be decided by a law which apply to all equally.
--- AN UNFULFILLED CONSTITUTIONAL OBLIGATION
Articles 44 of the Constitution of India impose a positive obligation on the state to establish a Uniform Civil Code (UCC) for all Indians throughout the territory of India. Though not enforceable through the Courts of Law, yet the directives are fundamental in the governance of the country.
* The main reason for delay and the mute and petrified attitude of the State in respect of UCC is a misconceived fear that the enactment of UCC could amount to imposition of the laws of the majority over the minority.
* In Sarla Mudgal AIR 1995 SC 1531, Kuldip Singh J. said :
There is no justification whatsoever to keep in abeyance any more the introduction of UCC for all citizens in territory of India.... The State must retrieve Article 44 from cold storage where it is lying since 1949.
* In the case of Ahmedabad Women's Association Group (AWAG) AIR 1997 SC 3614 ,
Lyly Thomas AIR 2000 SC 1650
Denial Latifi (2001) 7 SCC 740
(Where in the Court has expressed its inability to intervene in respect of questioning the wisdom of statutory and non statutory personal laws)
However, the Court adopted a status quoist line, but again in
* John vallamattom JT 2003 (6) SC 37
Strongly favored the enactment of the Code and decried the Government's inability to fulfill the Constitutional Directive.
* Marriage, Divorce, Marital Property Law, Adoption , Succession Law -- should leave the people free to marry in form they choose, e.g. in a Church or in a Temple or by a Nikkah but the Civil consequences that flow from the marriage should be decided by a law which apply to all equally.
Interim Maintenance Under Hindu Marriage Act
HINDU MARRIAGE ACT
SECTION 24
SECTION 24
While fixing of the maintenance the Court has to act in accordance with sound judicial principles. The following principles appear to be relevant:-
(a) Position and status of the parties.
(b) Reasonable wants of the claimants.
(c) Income of the claimant.
(d) Income of the opposite party.
(e) Number of persons the opposite party is to maintain.
CITATION :
Milan Dayarambhai Thakkar Versus Niti Pravinbhai Buddhdev
2007 (2) GLR 981 : 2007 (2) GCD 1034 GUJARAT HIGH COURT Hon'ble Judges:K.M.Mehta, J.
Subscribe to:
Posts (Atom)