Even with such a liberal construction of matrimonial legislations, the socio- economic stigma and issues attached to a woman due to divorce or separation are raised. Justice O. Chinnappa Reddy, in his concurring opinion in Reynold Rajamani and Anr. v. Union of India and Anr. MANU/SC/0148/1982 : (1982) 2 SCC 474 (see paragraph 14), took note of the position of women in a marital relationship and the consequent social and economic inequalities faced by the female spouse in view of divorce. The resultant stigmatization hinders societal reintegration, making a woman divorcee socially and economically dependent. Courts must adopt a holistic approach and endeavor to secure some measure of socio-economic independence, considering the situation, case and persons involved. An empathetic and contextual construction of the facts may be adopted, to avert the possibilities of perpetuating trauma - mental and sometimes even physical - on the vulnerable party. It is needless to say that the courts will be guided by the principles of equity and may consider balancing the rights of the parties. The Court, while applying these provisions, must adopt 'social-context thinking', cognisant of the social and economic realities, as well as the status and background of the parties.
9. This concept of "social justice adjudication" has been elaborately dealt with by this Court in Badshah v. Urmila Badshah Godse and Anr. MANU/SC/1084/2013 : (2014) 1 SCC 188:
14. Of late, in this very direction, it is emphasised that the courts have to adopt different approaches in "social justice adjudication", which is also known as "social context adjudication" as mere "adversarial approach" may not be very appropriate. There are number of social justice legislations giving special protection and benefits to vulnerable groups in the society. Prof. Madhava Menon describes it eloquently:
It is, therefore, respectfully submitted that 'social context judging' is essentially the application of equality jurisprudence as evolved by Parliament and the Supreme Court in myriad situations presented before courts where unequal parties are pitted in adversarial proceedings and where courts are called upon to dispense equal justice. Apart from the social-economic inequalities accentuating the disabilities of the poor in an unequal fight, the adversarial process itself operates to the disadvantage of the weaker party. In such a situation, the Judge has to be not only sensitive to the inequalities of parties involved but also positively inclined to the weaker party if the imbalance were not to result in miscarriage of justice. This result is achieved by what we call social context judging or social justice adjudication." [Keynote address on "Legal Education in Social Context" delivered at National Law University, Jodhpur on October 12, 2005, available on http://web.archive.org/web/20061210031743/http:/www.nlujodhpur.ac.in/ceireports.htm [last visited on 25-12-2013]]
15. The provision of maintenance would definitely fall in this category which aims at empowering the destitute and achieving social justice or equality and dignity of the individual. While dealing with cases under this provision, drift in the approach from "adversarial" litigation to social context adjudication is the need of the hour.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 5700 of 2023 (Arising out of SLP (C) No. 15793 of 2014)
Roopa Vs. Kamalnarayan
Hon'ble Judges/Coram:
Sanjiv Khanna and M.M. Sundresh, JJ.
Decided On: 06.09.2023
Citation: MANU/SC/0980/2023
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