ECONOMIC HARDSHIPS: AN AFTERMATH OF DIVORCE
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Abstract
Marriage is the basis of a family, families are basis of a society and a society is the basis of a State. In the lights of the Fundamental Rights envisaged in the Part III of the Constitution of India and with the advent of Human Rights, came the concept of Maintenance. Maintenance which is often referred to as spousal maintenance is a periodic monetary sum paid by one spouse for the benefit of the other upon separation or the dissolution of marriage. The relief of maintenance is considered to be an ancillary relief and is available only upon filing for the main relief like divorce, restitution of conjugal rights or judicial separation etc. The provision of maintenance assures an adequate standard of living thus, also forming a part of basic human right. The most overlooked aspect of this problem is whether the quantum of maintenance thus granted actually serves the purpose?
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