SPECIAL ECONOMIC ZONES ACT 2005
In the early 2000s, India was positioned at the intersection of economic transformation, and the demand for a sturdy framework to instigate growth and draw foreign investments was becoming relatively high. The Country suffered from a torpid manufacturing sector and an unsteady fiscal regime, which prevented potential investors. Comprehending the situation and the urgent need for reform, India was one of the first countries in Asia to perceive the efficacies of the Export Processing Zone (EPZ) model in Kandla in 1965. To overcome the possible weaknesses and to invite larger foreign countries to invest in India, the Special Economic Zones (SEZs) Policy was introduced in April 2000. The policy was formulated to make SEZs a power source for economic development alongside some magnificent infrastructure topped with an attractive fiscal regime both at the Central and State levels with fewer regulations than before. Special Economic Zones in India started functioning from 1st November 2000 to 9th February 2006 under the regulations of the Foreign Trade Policy. To implant faith in investors and the commitment of the Government to have a steady SEZ policy regime and for greater economic growth, an extensive draft of the SEZ Bill was prepared after various deep discussions with the stakeholders. The Minister of Commerce and Industry and other high-ranking officials even met to discuss this bill. This led to the passing of the Special Economic Zones Act, 2005 by the Parliament in May 2005. The draft was publicly discussed as it was posted on the Department of Commerce website for suggestions. Nearly 800 Suggestions were received on the rules draft, followed by various deliberations; the Special Economic Zones Act, 2005, supported by SEZ Rules, came into effect on 10th February 2006. The Act provides simple procedures and single-window clearance for setting up units in Social Economic Zones.[1]. WHAT IS A SPECIAL ECONOMIC ZONE? The Special Economic Zone is a designated area within a country that is typically tax-free, where the economic regulations differ from the regions of the same country. It is designed to attract more foreign investments and elevate economic activity. Business units set up in the Special Economic Zone benefit from running their operations at lower costs. They aim to increase their industrial sector growth, create employment opportunities, and promote exports in the country. As of 31st March 2024, there are 280 functional SEZs in India, out of which Tamil Nadu has the highest concentration on SEZs, with 54 operational Special Economic Zones contributing to the State’s Exports. [2] OBJECTIVES OF THE ACT: CONSTITUTION OF THE BOARD OF APPROVAL: A board under Section 8 of the Special Economic Zone Act, 2005 approves the proposal for setting up an SEZ. The Central government has constituted the board of approval based on the powers conferred under the act. The board of approval consists of 19 members, with its chairman as the Secretary, Department of Commerce and its constitution is mentioned under Section 8(2) of the Act [3]. The powers and functions of the board of approval are as follows mentioned under Section 9 of the Act [4]: PROCEDURE FOR MAKING PROPOSAL TO ESTABLISH SEZ: Section 3 of the Special Economic Zones Act, 2005, mentions the procedure for making a proposal for establishing SEZ. It states that any individual developer, company, partnership or cooperative society who is interested in the establishment of an SEZ will have to submit an Application made in Form- A of the Social Economic Zones Act,2005, to the concerned State Government. The state government, along with its recommendation within 45 days from the receipt of such a proposal, will have to forward it to the Board of Approval. A SEZ or FTWZ (Free Trade Warehousing Zone) shall have adjacent areas of 50 hectares or more of land. SEZs are set up in some states like Assam, Meghalaya, Himachal Pradesh, etc., or Union Territory, where only 25 hectares or more of land is the minimum requirement [5]. This minimum requirement is not applicable for setting up a SEZ for IT/ITES, Biotech or Health (other than hospital) services, but the minimum built-up possess requirement shall be as of SEZ as per the (3rd Amendment) Rules, 2019 notified vide notification dated 17.12.2019. Once the Board and the Central Government have approved an SEZ has been notified, the units can be set up in the SEZ. ADVANTAGES AND FACILITIES AVAILABLE TO SEZ DEVELOPERS: PERFORMANCE OF SPECIAL ECONOMIC ZONE AS ON 30.04.2024 [7]: AUTHOR: Saraswathy Thogainathan, 5th year BBA. LL.B (Hons.), Saveetha School of Law, Chennai
INFRASTRUCTURE INVESTMENT TRUST RULES AND GOVERNANCE
INTRODUCTION: Infrastructure investment trust (InviTs) is a unique financial instrument in India, guided by the Securities and Exchange Board of India (SEBI), that allows people to invest in infrastructure projects. Unlike mutual funds or REITs, InviTs focus on infrastructure assets such as toll roads, power transmission lines, and pipelines. The 2014 Infrastructure Investment Trust Regulation sets out rules and regulations, including registration, investment restriction, distribution policy, governance structure, investor protection, listing, and trading. This structure offers investors a diversified portfolio of various projects. OBJECTIVES: REGISTRATION PROCESS: Application filing -> fee payment -> Securities and Exchange Board of India review-> In-principle approval (optional) -> Final registration (grant a certificate). GOVERNING STRUCTURE: RULES AND RESPONSIBILITIES: Trustee: Trustees must be registered with SEBI and maintain independence from the sponsor and manager. Trustees are responsible for safeguarding InvIT assets and overseeing project management agreements. They are also responsible for protecting unit holders’ interests, overseeing operations, and ensuring all the members involved in the Company are working according to the regulations by monitoring the activities of investment and project managers and ensuring compliance with regulations. Trustees also review transactions, address unit-holder complaints, and distribute funds to stakeholders. They have the authority to terminate and appoint investment and project managers. Investment Manager: Investment managers make crucial investment decisions for the InvIT. They appoint service providers, oversee project managers, and ensure compliance with investment guidelines. They are responsible for unit issuance, listing, and disclosure and addressing unit holder concerns. Investment managers must have a substantial net worth and significant experience in fund management or infrastructure. Project Manager: Project managers are responsible for managing InvIT assets, particularly construction projects. They are also associates of the sponsor. They ensure compliance with agreements, including PPP concessions, and strive for timely project completion. Sponsor: Sponsors play a pivotal role in initiating the InvIT, appointing trustees, and transferring infrastructure assets to the trust. They must hold a significant stake in the InvIT and are accountable for various representations and obligations. Sponsors often appoint the initial project manager and may maintain holdings in SPVs for PPP projects. They must meet specific net worth and experience criteria. ALLOTMENT AND DISTRIBUTION OF FUNDS: MINIMUM OFFER AND ALLOTMENT TO PUBLIC1: At least 25% of the total outstanding units must be offered to the public. In the case of post-issues, capital is less than Rs 1,600 crores. A minimum value of Rs. 400 crore must be offered to the public, and in the case of post-issue capital, it must be between Rs. 1,600 crore and Rs. 4,000 crore. At least 10% of the total outstanding units must be offered to the public in case of Post-issue capital of more than Rs. 4,000 crore. FUNDS RAISED BY PRIVATE PLACEMENT1: Must be made through a placement memorandum. The Minimum investment per investor is Rs. 1 crore, or Rs. 25 crore if 80% of assets are completed and revenue-generating. The Maximum subscription from any investor (except sponsors, related parties, and associates) in the initial offer is 25% of the total unit capital. FUNDS RAISED BY PUBLIC ISSUE1: Must be through an initial public offer (IPO). The minimum subscription amount per investor in initial and follow-on offers is between Rs. 10,000 and Rs. 15,000. Maximum subscription from any investor (except sponsors, related parties, and associates) in the initial offer is 25% of the total unit capital. In the case of distribution, the price is determined through a book-building process or other Securities and Exchange Board Of India-approved methods. OTHERS LAWS GOVERNING INVITES: Similar laws regulate infrastructure investment funds: the Companies Act of 2013, The Income Tax Act, of 1961, and The Foreign Exchange Management Act, of 1999. Indian Contract Act of 1872, Goods and Service Tax Act of 2017, ONLINE WEBSITES: AUTHOR: Y. J. Jeslin Jesiya, 5th year BBA. LL.B (Hons.), Saveetha School of Law, Chennai
ACTIO PERSONALIS MORITUR CUM PERSONA – ANALYSIS AND LANDMARK JUDGMENT
INTRODUCTION: The legal maxim “Actio Personalis Moritur Cum Persona” means “a personal right of action dies with the person.” This principle underscores that personal claims, such as those arising from torts or contracts, typically cannot be pursued after the death of the involved parties. Originating in medieval legal tradition, this maxim has evolved, with courts recognizing exceptions, particularly in defamation and personal injury cases. Landmark judgments have shaped its interpretation, reflecting the balance between strict adherence to legal doctrine and the pursuit of justice in contemporary legal systems. MEANING OF THE WORD: Actio personalis moritur cum persona, in bold and literal terms, means the personal right of action dies with the person. ORIGIN: The concept of “Actio Personalis Moritur Cum Persona” originated in medieval legal tradition, with its earliest citation in a 1496 case involving defamation. In this case, the judgement was to pay the money by a woman to pay damages, but she died before that, which led to the establishment of the principle that personal actions cannot be continued after death. The maxim gained prominence through subsequent judicial decisions, notably in the 1523 case Cleymond v. Vincent, and was popularised by legal scholars like Edward Coke. Over time, its application has evolved, with modern statutes recognizing exceptions, particularly in tort and contract law contexts. APPLICATION OF THE PRINCIPLE: The principle of “actio personalis moritur cum persona” applies primarily in tort and contract law, indicating that personal claims typically cease upon the death of either party involved. Defamation: Claims can continue posthumously, allowing the deceased’s estate to defend their reputation. Assault: Personal representatives may pursue claims for injuries sustained before death, recognizing the injustice of letting such claims expire. Damages: Claims for damages due to negligence or fraud may survive, enabling executors to seek compensation on behalf of the deceased. These exceptions reflect the evolving legal interpretations that ensure justice even after a party’s death, invoking a sense of fairness and balance in the audience. EXCEPTIONS: Survival of Actions statutes: Allowing certain claims to survive the death of either party, such as property disputes, contract breaches, or tort claims involving financial damages. Wrongful death statutes: If the claim directly benefits the deceased’s estate or survivors, courts often allow continuation. Actions Against Estates: Claims can be pursued against the deceased’s estate for liabilities incurred during their lifetime. LANDMARK JUDGEMENT APPLICATION IN INDIA: Indian courts have progressively narrowed the application of “actio personalis moritur cum persona” to prevent unjust outcomes. The maxim primarily applies to personal actions ex delicto that do not result in death and where the relief sought is personal to the deceased. However, in cases involving heritable rights or where the cause of action affects the deceased’s estate, the right to sue or be sued survives the individual’s death. This nuanced approach ensures that the maxim does not impede justice, especially in matters where the rights and obligations extend beyond the personal realm of the deceased. LANDMARK INDIAN CASE LAWS: Girja Nandini Devi & Ors. v. Bijendra Narain Choudhury (1966): In this landmark case, the Supreme Court of India observed that the maxim “actio personalis moritur cum persona” has a limited application. The Court clarified that this principle operates primarily in actions ex delicto (arising from a wrong), such as claims for damages due to defamation, assault, or other personal injuries not resulting in death. The Court emphasised that the maxim does not apply to actions where the relief sought can be enjoyed after the individual’s death or granting it would not be futile. M. Veerappa v. Evelyn Sequeira & Ors. (1988): The Supreme Court reiterated that the maxim applies to personal actions and does not extend to actions affecting proprietary rights or obligations that survive the deceased. The Court held that the right to sue for damages for personal injuries does not survive the death of the injured person, thereby affirming the limited scope of the maxim. Prabhakara Adiga v. Gowri & Ors. (2017): The Supreme Court further limited the application of the maxim, stating that it does not apply to cases where the right litigated is heritable. The Court held that a decree for a permanent injunction does not diminish with the death of the judgement-debtor and can be enforced against their legal representatives. AUTHOR: Y. J. Jeslin Jesiya, 5th year BBA. LL.B (Hons.), Saveetha School of Law, Chennai
Overview of the Protection of Civil Rights Act of 1976
India is a country with diverse groups of people with many castes and religions, which created a barrier between the people high and low, which in turn created the practice of untouchability, restriction to certain places, social and religious disabilities and so on. To preserve the civil rights of individuals and guarantee the comprehensive application of this act. This act was enacted to enforce Article 17 of the constitution of India. Initially, it was known as the Untouchability Act and later in the later in 1955, it was renamed Civil Rights since it covers the entire ambit of the Protection of Civil Rights as a whole rather than solely focusing on untouchability because it looked after protecting civil rights as a whole rather than solely focusing on untouchability. The Act aimed to uphold the principles of equality1 and non-discrimination2 and to remove untouchability3 prescribed in the Indian Constitution. Objective: Change of name Matters of untouchability were the highest prevailing issue during 1955. The original name was a direct response to the specific issue of untouchability, a deeply ingrained practice that had marginalised and oppressed millions of people for centuries. However, as India embarked on its journey towards a more inclusive and equitable society, it became clear that the issue of discrimination was multifaceted and extended beyond just untouchability. It aims to protect the rights of people who are affected by the Hindu caste system and to protect them from further harm and hurt by abolishing it. It also proves punishments for such actions. Key areas of the act: There are four specific key areas to look into: this discriminatory practice, rooted in the Hindu caste system, had marginalised millions of people for centuries. By criminalising discriminatory practices and empowering individuals to seek legal redress, the Act aimed to create a more just and equitable society. The main focuses of the Protection of Civil Rights Act, 1955 are: Punishments and their enhancement: The maximum punishment given was 6 months of imprisonment or a fine up to rupees 500 or both. Mostly, the offences are related to Second-time offenders are imprisoned for a period not less than 6 months and not more than 1 year. Along with that, a fine of 200 rupees and not higher than 500 rupee will be imposed. In case of a third, time offender will be imprisoned for a period of 1 year to 2 years; not more than that, similarly a fine will also be imposed. The fine should be less than 2 thousand and more than one thousand rupees. Other punishments: Exemption from convicting under this act Case laws AUTHOR: Y. J. Jeslin Jesiya, 5th year BBA. LL.B (Hons.), Saveetha School of Law, Chennai
Drugs Sometimes are NOT “just” Pharmaceutical
When we talk about the topic of drugs, we sure are not for it. As a society, there is a collective hate. The law is also clear about discouraging the use of narcotic drugs and psychotropic substances. Recently, there has been much noise about the usage of these drugs, and it has reached the youth population. This is a major concern as the usage of these drugs is associated with an increase in crimes, the health hazards associated with its consumption, etc. In India, we have embraced or rather associated the use of cannabis and opium in a religious context for a long time. It was a sensitive issue for a long while. Still, once these substances started entering the markets and were readily available, there was an alarming need to control their consumption and limit them only for specific pharmaceutical purposes. According to the National Crime Records Bureau (NCRB), in 2021, the total number of crimes in India under the substance influence was 78331, which has only increased significantly as it was 59806 in 2020. Historically, the first drug control law was the Opium Act, which was enacted in 1857. This Act dealt with the cultivation of Poppy, a type of flower-bearing plant that has several medicinally viable substances like morphine, codeine, and thebaine, etc. This Act was repealed in 1985 by the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS). This Act was introduced with the main focus on cutting down the illegal and excessive sale, production and consumption of narcotic drugs and psychotropic substances. The NDPS Act prescribes stringent penalties for various offences depending on their severity. Most of the punishments are based on the quantity of drugs involved, i.e., if there is a commercial quantity being held, then it is punishable with imprisonment up to 10 to 20 years as well. The law is very stringent, and there is no tolerance to drugs for a while now. Recently, in Bengaluru, Karnataka, The Bengaluru City Police busted a rave party, and 86 people tested positive for drug consumption, including celebrities. The NDPS Act has constantly been amended as and when required to curb the usage of these drugs. The first amendment of 1989 focused on strict provisions under Section 27A for financing the illicit traffic of these substances. This was followed by the second in 2001 when an amendment was made to rationalise the sentences. It adopted a more reformative approach. The third, in 2014, these drugs were given better access medically. The term essential drug was stated in Section 9 of the Act, and trade, including export and import within states, was given importance. Death penalty as a punishment for certain repeat offenders was also introduced. This Act applies not only to the whole of India but also to citizens of India outside India and all persons on ships and aircraft registered in India. Further, the Act includes people who are recovering addicts. Under Section 64A of the Act, addicts volunteering for treatment will get immunity. Later, in 2021, the NDPS (Amendment) Bill would replace an ordinance circulated to rectify a drafting error in the 2014 amendment. The Narcotics Control Bureau has taken various initiatives to reduce the consumption and illegal trade of the substances, such as Financial Assistance to States for Narcotics Control in 2016. The Narco Coordination Centre was constituted, and the Ministry of Social Justice and Empowerment conducted the National Drug Abuse Survey and checked on it; many community outreach programs are regularly conducted by the government, launching the Nasha Mukt Bharat program. Although the Act has shown some effectiveness in certain areas, it still encounters obstacles related to implementation, human rights concerns, and the necessity of additional amendments to tackle emerging issues. The delicate balance between strict control and the protection of human rights continues to be a highly debated and evolving topic. Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal ConsultantFor Origin Law Labs
Sound Marks
When the topic of Intellectual Property Rights (IPR) comes up, a new spectrum emerges now and then. IPR is one of the fastest-growing fields of law in recent times. There is a scope for dynamic advancements in all branches of IPR. One of the exciting advancements is the Sound Mark. Usually, marketing uses pictures, motion pictures, paintings, etc, to promote a particular product or a brand. But recently, there has been so much talking that the sound mark has stirred up. It is a brilliant tool that comes in handy when marketing a product. It differs from a song advertising a particular product or anything on the electronic media spectrum. It lasts up to a few seconds mostly but significantly impacts the product or brand being put out. The “Ta-Dum” of the Netflix intro is an example of this. In the United States, the first sound that got legal recognition in 1947 was the NBC chimes. It was a three-note sound played on a chime. A similarly popular sound mark is the MGM roar, the famous “Lion roar”, along with the music during the display of the MGM card in a movie. This was registered in the Australian Trademark Registry in 1927. One of India’s earliest and most notable sound marks was the Yahoo! Yodel in 2008. There are various difficulties in registering sound marks. The need for graphical representation presents a significant challenge. While musical notations can precisely depict musical sounds, accurately representing non-musical sounds like jingles or roars may be more difficult. For a sound to be certified as a trademark, distinctiveness is the foremost criterion to be fulfilled. Distinctiveness means it should not be a familiar sound and must be uniquely identifiable with the brand. Proving this distinctiveness can be difficult, especially for sounds, as it might be considered generic or non-functional. The sound must be utilised consistently in various marketing channels and media. Their enforceability as a trademark can be impacted by variations in the sound, which can dilute their distinctiveness. In India, the Trademark Act of 1999 recognises traditional trademarks such as phrases, symbols, logos, etc. Despite various challenges, the Trademark Act 1999 includes provisions for registering sounds, smells, and colours as non-traditional trademarks in 2017. Sounds can be registered if they meet specific criteria. According to Section 26 (5) of the Trade Marks Rules 2017, a sound mark to be registered should be produced in MP3 format that does not exceed 30 seconds, along with a graphical representation of the notations. Businesses and consumers are significantly affected by the identification and protection of sound marks. Sound marks give all kinds of businesses a distinctive method of brand differentiation and identity. The face value of a brand and loyalty can be improved by using a unique sound pattern, which can establish strong emotional and psychological connections. In an increasingly competitive and congested market, musical signatures can facilitate consumers’ identification of brands and products. In Shield Mark BV v. Joost Kisthodn Memex, it was held that even if a graphical representation of music as notes is not immediately intelligible, it is easily intelligible. The jingle of ICICI Bank played a part in reinforcing the acceptance of sound marks in India. Additionally, the recognition of sound marks indicates India’s compliance with international intellectual property standards, motivating foreign enterprises to pursue intellectual property protection in India. It also amplifies the importance of the dynamic nature of trademark law, which must act according to the new market changeset. Therefore, developing sound marks in India is a substantial advancement in the broader context of intellectual property rights. Although registration and enforcement challenges exist, the law has demonstrated adaptability and progress as usual. Sound marks will become increasingly significant in developing distinctive brand identities as businesses continue to innovate in their branding strategies. This enhances consumers’ brand differentiation and understanding of businesses and encourages a more challenging and dynamic competitive landscape in India. Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal ConsultantFor Origin Law Labs
Digital Competition Bill, 2024
There has been a lot of noise around the topic of digital growth recently. It is both positive and negative. The digital developments, such as the growth of AI, are beneficial to a large sector to a large extent. There are also equal threats associated with digital growth, such as the increase in cybercrimes, possible replacement of jobs by AI, etc. Well, it’s an additional responsibility of the government to make new legislation for rapid development. The global economy has been significantly altered by the rapid expansion of digital platforms, including Amazon, Flipkart, Facebook, and Google. The control of vast quantities of data and the unprecedented influence on market dynamics that these tech giants exercise are solid. Their dominance has resulted in various problems, such as the exploitation of consumer data, the suppression of competition, and unreasonable business practices. In a scenario where many services are provided for free in exchange for user data, conventional metrics of market power, such as price, are less pertinent. This requires a new regulatory approach specifically designed for the digital era, and the Digital Competition Bill, 2024 is drafted to address this need. At a time when the current scope of digitalisation was unimaginable, the current ex-post framework under the Competition Act, 2002 was designed to ensure contestability and fairness in traditional markets. Specific components of the past structure, which is characterised by the time-consuming nature of enforcement proceedings, may not be suitable for digital markets due to their distinctive characteristics. In recent years, there has been a significant increase in stakeholder concerns regarding the potential anti-competitive behaviour of large enterprises that provide digital services. Why is the Competition Act not sufficient? This is predominantly because there are few to no regulations in the Act to curb the discrepancies in the digital market, and the growth of the digital market in India is a hot topic in every international forum. Although it has left a huge global impact, what have we done to meet the legal challenges that could arise from this massive technological shift in the market. The need for all-inclusive legislation is vital as the number of safety and cyber threats has increased rapidly over the past few years. To curb this dent in the legislation, the Digital Competition Bill has been drafted. The CCI is directed to designate companies as Systematically Significant Digital Enterprise (SSDE). Tech companies are predominantly against the bill as they have an open nature of handling privacy concerns, and providing the information they have to third parties is currently easier. All this is discussed in the new bill, making it more difficult in the name of security. It further looks into the anti-competitive aspects and ways to promote fair competition in the digital market. The Committee on Digital Competition Law was set up to examine the previously existing regulatory mechanism for the rising digital markets in India. The main objective of this committee was to review the Competition Act, 2000, which currently deals with digital markets. There is a need to revisit the existing Act to make sure that it is well-equipped with the laws to deal with the challenges of the emerging digital economy and markets. These developments proves that the nation is adapting well to developments and to ensure that the advantages of digital innovation are widely distributed and that market power is not concentrated in the hands of a small number of dominant companies, such regulatory frameworks will likely become more critical as the digital economy continues to undergo further transformations. Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal Consultant For Origin Law Labs
The Alimony Debate: Insights from India’s Legal System
Marriage is considered to be a sacred union for generations in India. It is quite a big deal and is considered one of the most critical events in one’s life. In a country like India, which is so diverse, there are many customs regarding marriage. Every religion has a different tradition, and even within every religion, there are different castes or sects which follow different traditions. As fascinating as it is, the reality is quite exhausting. Different customs require different sets of rules and laws. Different laws for marriage are not enough. Because, marriage is not always a bed of roses. It comes with a pile of thorns called the separation. Earlier, separation and divorce were not spoken about in a marriage. But that’s not the same now. In 2016, 1.36 million were divorced. The divorced rates in north-east states are relatively higher. These increasing numbers are due to various reasons, including changing societal dynamics, the perception of marriage as a lifelong commitment has changed, migration, legal awareness, increased cost of living, and the impact of social media, etc. In India, same-sex marriage is still not legally recognised; therefore, when we refer to a married or a divorced couple, it’s about a man and a woman only. Therefore, none of the rules about marriage, divorce, or maintenance apply to same-sex couples. When we talk about alimony, it means maintenance or support. Providing financial support to the partner is a legal obligation that has to be given to the spouse. However, the general meaning doesn’t cover all the religions in India. If marriage has a religion, so does divorce. In the Hindu Marriage Act, 1955 (HMA), Section 24 talks about maintenance. Usually, when we say maintenance, we associate it with a man giving financial support to his wife. But that’s not the case here. Section 24 does not discriminate. The man and the wife are entitled to claim compensation under the Act. It depends on the financial stability or the ability to care for themselves or their partners to be divorced. Section 25 of the HMA talks about pendente lite. In addition to Section 24 of the HMA, Section 18 of the Hindu Adoption and Maintenance Act, 1956 gives an option to the wife to claim maintenance from her husband if specific criteria are proved, such as cruelty, bigamy, leprosy, conversion to another religion are a few to mention. Recently, in Rajnesh v. Neha , it was held that if maintenance is not paid regularly to the dependent unemployed wife and minor children, contempt proceedings for wilful disobedience may be initiated before the appropriate Court. Regarding a Christian couple, maintenance is discussed in the Indian Divorce Act 1869. Sections 36, 37, and 38 of the Act deal with the wife claiming divorce. Section 36 deals with the money or support to be given to the wife during the pendency of the suit. Section 37 deals with the concept of permanent alimony. In this case, the court decides the duration of the payments and how they should be made. This can be weekly or monthly, depending on the financial stability of the wife and the earning capacity of the husband as well. The maintenance of a Parsi couple is governed by Section 40 of the Parsi Marriage and Divorce Act 1936. Section 40 talks about permanent alimony and maintenance. It states, “(1) Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time after it, on an application made to it for the purpose by either the wife or the husband, order that the defendant shall pay to the plaintiff for her or his maintenance and support, such gross sum or such monthly or periodical sum, for a term not exceeding the life of the plaintiff as having regard to the defendants own income and other property, if any, the income and other property of the plaintiff, the conduct of the parties and other circumstances of the case, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the movable or immovable property of the defendant. (2) The Court, if it is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the Court may deem just. (3) The Court if it is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he had sexual intercourse with any woman outside wedlock, it may, at the instance of the other party, vary, modify or rescind any such order in such manner as the Court may deem just.” When it comes to a Muslim couple, the women can file for maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986. After divorce, she is entitled to a reasonable amount throughout the iddat period, an amount equal to the dowry agreed to be paid during the time of marriage, and a title of the properties given to her either before or after the marriage. She will be eligible for maintenance if she decides not to remarry, has children, and can’t support them. The State Wakf Board shall be ordered to pay maintenance if she has no one else. In Danial Latifi v. Union of India [2001 AIR SCW 3932], it was stated that the Muslim Women (Protection of Rights on Divorce) Act 1986, as well as the CrPC, can be used for remedies for a divorced Muslim woman. Apart from all the personal laws, Section 125 of the Code of Criminal Procedure (CrPC) discusses maintaining wives, children, and parents. Although there are so many laws and judgements regarding divorce, it still