Why shouldn’t ‘she’ get alimony?

With the Supreme Court poised to decide whether the ‘other woman’ in a man’s life should be entitled to a maintenance or palimony after they part ways, the city is engaged in a heated debate over the ramifications of the observation.
While hearing the case of a married man in Tamil Nadu opposing the order of a lower court asking him to pay maintenance to his mistress, Justice Markandeya Katju remarked, “Why is a woman who has spent her life with a man, denied this right?”
Also, two years ago, the Maharashtra government’s decision to amend section 125 of the CrPC to protect the interests of the ‘other woman’, thus lending an air of legitimacy to live-in relationships, led to a similar debate.
This will encourage wrongs. Practising Bombay High Court and divorce lawyer Taubon Irani argues, “Such laws might encourage a lot of wrongs. It will actually lead to more litigations. What if a woman who has a one-night stand with someone, comes to claim money?” She cites the recent case of a petitioner, a married man who is fighting maintenance claims of a bar dancer who says she had an affair with him.
It’s not just about the law, but also about emotions. Varkha Chulani, psychologist, believes the legal ramifications will have psycho-social impact too. “Often, people in intense extra-marital relationships tend to be clingy or dependent. With such provisions, the dependency might grow, because instead of coming out of self-pity, they will now be protected by law.”
Adam Bedi, actor Kabir Bedi’s son and an actor himself, who was in a long live-in relationship before marrying Nisha Harale, said, “If such laws come into practice, every boyfriend will be scared! “In a live in relationship when a man and a woman are staying like roommates, why should one pay for the other? It’s extremely unfair to make a man liable to pay a palimony,” he says.
The ‘Other’ woman has rights too. The liberals though, would rather have each case on its merit. Author Vandana Shah, who recently launched Ex-Files, a divorce news magazine supports the provision but with riders. “In a long-term relationship, a woman feels mentally married to a man. In social obligations, she carries on the same duties that a wife would. So why shouldn’t she be entitled to money? She’s come with her share of sacrifices” says Shah, adding the premium that adultery cases lies on ‘conduct’ has a bearing here too.
Advocate and solicitor Nityoah Mehta says, “When a long term relationship ends, a person finds himself/herself at square one emotionally or financially. Being adequately compensated to start afresh is the just thing to do.”
The wife gets little. However, in our traditional society it’s usually the wife that gets the sympathy. As Irani points out, “The wife is already suffering. Now she has to share her entitlement too.” But what about the man? “He shouldn’t have got into it in the first place, right?”
Follow us on Twitter for more stories