Saturday, September 07, 2019

Shutdown Jet Airways' employee apporaches SC to spare him paying maintanace to ex-wife

A former employee of Jet Airways knocked the doors of the Supreme Court pleading that he could not pay maintenance to his ex-wife at this stage since he himself is fighting for his own sustenance. He challenged the validity of Section 125 of CrPC (Criminal Procedure Code), which governs laws relating to maintenance.

"I am currently unemployed due to the shutdown of Jet Airways. This section (125 CrPC) puts an additional burden on me to maintain my ex-wife even though I am now fighting for my own sustenance," claimed former Jet Airways employee in his 33-page petition.

Further, he sought a direction from the Supreme Court to strike down section 125 of CrPC in his petition and pleaded that this section should be declared as unconstitutional since it is in violation of Article 14 of the Constitution of India.

The petition of the former Jet Airways employee also sought a direction from the Supreme Court to pass appropriate orders in such a manner that it should be gender-neutral and does not discriminate between a man and a woman.

The plea has also claimed that the male is presumed to have the ability to earn if he is healthy and able-bodied, while the same presumption is not applicable to women.

Section 125 of CrPC is prima facie in violation of Article 14 and Article 15(1) of the Constitution as the said provision discriminates on the basis of gender explicitly and implicitly, the petition claimed.

The lawyers -- MS Vishnu Sankar and Sriram P -- filed the petition before the Supreme Court on behalf of the petitioner.
07/09/19 India Today
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