Judicial Activism and Women's Right to Maintenance: An Evolutionary Perspective in Indian Law

Abstract

This paper explores the transformative role of judicial activism in shaping the legal framework concerning women's right to maintenance in India. Amidst the evolving socio-legal landscape, the judiciary has emerged as a pivotal force in addressing the disparities and enhancing the protection afforded to women under maintenance laws. Through a methodical examination of case laws, legislative amendments, and judicial pronouncements, this study delineates the trajectory of legal reforms catalyzed by judicial interventions. The research adopts a qualitative analysis, drawing on a rich corpus of legal documents, scholarly articles, and landmark judgments to unravel the complexities of maintenance rights and the judiciary's instrumental role in their expansion. The findings underscore the judiciary's proactive stance in interpreting and filling the lacunae within the legal provisions, thereby significantly contributing to the advancement of women's rights in India. The paper concludes by affirming the positive impact of judicial activism on the legal recognition and enforcement of maintenance rights, while also acknowledging the challenges and critiques that accompany this judicial approach. Recommendations for future legal reforms and the sustained engagement of the judiciary in promoting gender equality are proposed, highlighting the ongoing need for a dynamic and responsive legal system.