The good or bad of our legal system is that it is largely written during an ancient era with not much modern realities. Though the legal regime is still vital and relevant it still needs to be tuned to modern lines.
One such area is the area of Family law which could be seen as mis-interpreted and more than anything else mis-used. Many different countries have various versions of Family Law; but the need of the hour is that it has to be vetted against the Principles of Natural justice and must not be violative of the concept of Right To Life.
Marriage has an contractual element and could be seen as an agreement between two parties. The state must be a party to this agreement in some form and its involvement must be made more active ,problem starts when there is an issue of incompatibility. The state must have some active role in reducing in-compatibilities. In what way it can be implemented is an issue of law and legal governance.
To my observation the concept of maintenance is mis-used even making judges upset about the matter in many running cases. The moot point is that the concept of providing maintenance cannot be totally one-sided and violative putting a man in peril to meet the demands of maintenance. The concept is that since Marriage is a contract, in no way should any party involved get into the domain of un-just enrichment under the ambit of the law.
Refinement of the legal system with regard to such Contract under the light of many con-current cases in the past -both recent and distant- is an absolute need of the hour as the Fundemantal tenet of RIGHT TO LIFE which forms the basis of all legal regimes is not violated in any form to the disadvantage of some party.
