Interim maintenance and maintenance under s.24 and s. 25 of HMA or under s.125 CrPC or under DV act. These provisions bind a person who has an obligation to support and maintain his family. Initially when these cases are filed on say a husband they become adamant they deny to recognize their duty which can go adverse against the husband himself. Interim maintenance is the monthly amount set by the court till pending litigation. So the real benefit for the husband is to shorten the time of litigation so that he would end up paying less here are some of the ways to pay a minimum or no amount of interim maintenance / maintenance.

  • Capacity to Pay

The amount of maintenance is directly proportional to the income of the husband. Lesser the income lesser is the sanctioned amount. It is important that husband should take initiative to show the salary slip instead of the court asking for the same as the procedure by courts are slow so better to follow due diligence approach. This would also help in bringing down the amount and shortening the litigation as it would again show the honest approach of the husband.

  • Desertion by Wife

It is a rule that if wife has deserted the husband the husband is not liable to pay any form of maintenance. It is imported to show that you have done various efforts to call back the wife by mail, SMS, chats are all admissible proof. This again would lead to shortening of litigation and complete dismissal of maintenance case. But again the wife has 498a and cruelty but she need to prove it.

  • Mediation

Mediation is the best ground for negotiation. Try to negotiate the amount and mutually agree. It would again shorten the litigation and save lots of money on lawyers.

  • Working wife

Try to prove that wife is competent to earn, there is a rule that maintenance amount is for survival not for luxury and if the wife is working than no maintenance shall be awarded. But if wife is capable to earn then maintenance amount can be reduced.

Follow these tips remember the penny ur saving in maintenance cases can become heavy if litigation continues for long periods. In maintenance cases non-adamant, honest, diligent approach will win you.

           Motherhood as everyone says is the worlds best relationship between a child and her mother, call is globalisation or modernisation this precious relationship has turned into a business to some people and dreams come true to some other. Surrogacy is an arrangement or call it an agreement between a woman and the intended parents who carries the child of these parents.

  1. The word surrogate has its origin from the Latin word “surrogates” meaning a substitute that is a person appointed to act in place of another. The report of the committee of inquiry into human fertilization and embryology or the Warnock report (1982) termed surrogacy as the practise whereby one woman carries a child for another with the intention that the child should be handed over after birth to the intended parents.

  2. The worlds 2nd and India’s 1st IVF(In Vitro Fertilization) baby, Kanupriya alias Durga was born in Kolkata on Oct 3,1978 about two months after the world 1st IVF boy, Louise Joy Brown born in Great Britain on July 25,1978, since then the (Assisted Reproductive Technology)ART came into existence.

  3. There are various kinds of surrogacy like traditional surrogacy, gentical surrogacy, donar surrogacy and so on…

  4. Coming to the issues relating to surrogacy are many from legal to religious lets have a look into it:-

  • Legal issues-

  1. Are surrogacy agreements enforceable, void or prohibited, does it make a difference whether the surrogate mother is paid or simply reimbursed for the expenses?

  2. Is there an alternative to post birth adoption for the recognition of the intended parents as the legal parents, either before of after the birth?

  1. Should we be concerned about exploitation of motherhood and corrosion when women are paid to be pregnant and deliver babies?

  2. To what extent it is right for the society to permit women to make contracts about the use of their babies.

  3. What does motherhood mean and where is the nuptial relationship lost after giving the child to the intended parents.

  4. Does the surrogate child have the right to know about the identity of her nuptial mother?

  • Religious issues-

  1. Catholics-paragraph 2376 if the catechism of the catholic church states that “techniques that entail the disassociation of husband and wife by the intrusion of a person other than the couple (donation of sperm or ovum, surrogate uterus) are immoral’’

Most important thing that is to be considered here is that most of the foreign nationals are exploiting Indian poor women especially unmarried by showing them the lust for money and entering into surrogacy arrangements which is spoiling the lives and social relationships of these women the government has to look into this issue seriously and a determined law is to be framed in this aspect. On one side this sort of surrogacy births give a ray of hope to those people who cannot conceive but to the other side and to a very large extent this sort of arrangement is being used only for exploitation purpose which has to be kept in mind.

By-: Taruni Banda

The debate over the capital punishment has in the recent past acquired renewed vigour. The government of the day has been insisting on the increased use of capital punishment for crimes other than murder, particularly rape. Certain women’s group have welcomed this. The judiciary too has been awarding the capital punishment for violent crimes with increased regularity, with the awarding of death penalty to all the 26 involved in Rajiv Gandhi assassination, it was time for the abolitionists

to once again hold a banner of protest. Despite being a party to the ICCPR1 towards abolition of death penalty, India appears to be heading the other way. The Constitutional validity of §302 IPC was questioned before the Supreme Court in Jagmohan Singh v. State of U.P 2 article 14 of the Constitution of India and suffers from excessive delegation. After tracing the judicial decisions which upheld the constitutionality of the death penalty, and the evolution of the ‘rarest of rare’ test in the landmark Bachan Singh case,

by the court in subsequent cases.Till date the capital punishments have only acted as deterrence for those families who could hardly earn bread and butter forget about hiring a smart lawyer. In the year 1994, a man named Dhannajay was given capital punishment for raping and then killing a minor girl. His act as such was brutal calling for severe action against him, but it seems that the ends of justice have not actually been met out. So many cases of murder go not unnoticed but without any punishment because the doer has money to defend himself.

In order to do justice to one person we cannot do injustice to so many others. Why should the innocent family of the rapist suffer for an act for which he the culprit is the only one responsible?Moreover would capital punishment really bring justice? Thanks to the idea of capital punishment that an easier way to do away with the crime has been found by the doers of the heinous crime. To kill the victim and throw her somewhere and move away and if lucky enough then the crime would never

be traced back to the offender. The cardinal questions to be asked here is are the circumstances of the

crime as such that there is no alternative but to impose death sentence?

Hindu dharma talks of nark for evil doers, Muslim talks of jhanum and Christianity talks of hell for evildoers but at the same time without any exception every religion talks of reforms. Giving a chance to the culprit to compensate the victim would go a long way in reforming the person. Moreover Social protestation towards such things would also help in the long run. The unfortunate part is that even the law is very restricted and limited in its definition about rape.§375 IPC specifies that sexual intercourse comprises rape wherein penetration alone suffice to constitute that sexual intercourse which amounts to offence of rape. Least heed has been paid to the fact that rape is much wider a term and as such should be given a much wider interpretation. Even if rape is not done in the strict sense of §375 IPC, the prima facie impression of rape having been

International Covenant on Civil and Political Rights

(1973) 1 SCC 20

Bachan Singh v. State of Punjab AIR 1980 SC 898

Dhananjoy Chatterjee @ Dhana v. State of West Bengal and Ors. AIR 1994 SC 626

on the ground that imposition of capital punishment of death sentence is violative of

it is proposed to examine how the test has been applied Is Capital Punishment Justified in Heinous Crimes Involving Women?

committed does an equal harm to the victim. Nonetheless, it is not intended to take sides; it is said that if justice is to be delivered it should undoubtedly be fair and reasonable. Justice should mean justice. Also if torture is deemed best for the rapist then, why not this torture is constructive? For instance, the convicted can be made to compensate the victim or her family by his income through employment or community services. Even if all this sound a bit dis satisfactory to the victim of rape or her family then it is submitted that capital punishment is quite a merciful punishment for a crime as heinous as rape. Why should the rapist be killed with a pain of just two seconds contrary to the victim who in a society like ours would still live with so much shame and un-acceptance? If the girl has to continue with this stigma throughout out her life let the rapist also live with the stigma of rapist. He should be made to suffer equally, if not to avenge then at least to strike a balance.

By-:  Priyan Garg