Provisions in the Constitution of India, Legislations,
Policies, Reports, and Judgements
Article(s) of the CEDAW
Supreme Court held that the mother is equally responsible to pay
towards the maintenance of the child. Both the parents have to
contribute proportionate to their salaries. For instance: If the salary
of the husband is twice as much as that of the wife, then they are
bound to contribute in that proportion.
•
ABC v. The State (NCT of Delhi) (2015) 10 SCC 1: The Supreme
Court upheld the guardianship rights of an unwed mother and
stated that if the father has exhibited no concern towards his
offspring, then it would be futile to give him any legal recognition.
6.
Joint Custody of child
•
KM Vinaya v. B Srinivas MFA.NO.1729/2011 (G & W) The
Karnataka High Court ruled that both parents are entitled to get
custody “for the sustainable growth of the minor child”. In doing
so, the parents were directed to share equally the education and
other expenditures.
7. Right to enjoyment of property in matrimonial home/shared
household
•
S.R. Batra v. Taruna Batra (2007) 3 SCC 169 SC held that a
wife is entitled to claim the right to residence only in a shared
household, and a shared household would only mean the house
belonging to or taken by the husband, or the house which belongs
to the joint family of which the husband is a member, but will not
cover the property owned by her in-laws.
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8.
Ownership of property- Streedhan
•
Krishna Bhattacharjee v. Sarathi Choudhury (2016) 2 SCC 705
Convention on the Elimination of All Forms of Discrimination Against Women
Gaps in the implementation
of CEDAW in India (G)
and its corresponding
recommendations (R)