অন্নদাশঙ্কর রায়ের ‘পারিবারিক নারী সমস্যা’-র আলোকে খোরপোশের আইনি সুরক্ষা বনাম আত্মমর্যাদা প্রতিষ্ঠা/ Alimony vs. Self-respect: In the light of Annada Shankar Ray’s ‘Paribarik Narisamasya’

Abstract

The relationship between male and female partners form the most vital and irreplaceable part of the continuance and preservation of human society. Indisputably, the union of the two genders is the sine qua non of biological existence. For reproduction, physical union is the supreme mandate of nature, but the concordance of mind and spirit between individuals is the unique property of civilized society. The intimate connection between the two persons, in all its dimensions, makes the world so beautiful, and gives meaning and purpose to life. To this end, it is extremely important that married couples nurture mutual love, respect, dignity and sympathy in their conjugal relationships. Such harmonious relationship is necessary to foster a wholesome development of the family, which in turn, contributes to the functioning of a healthy civil society.  Annada Shankar Ray, a great Bengali litterateur, has dwelt on this marital issue in his essay titled ‘Paribarik Narisamasya’ and discussed at length on its various aspects, including the suggestion that a woman has to be financially independent and self-supporting, so that in case of desertion by the male partner, she should be able to support her family. He has dwelt on the innate maternal instinct which is primed to care, preserve and protect her offspring and family. Her intuitive understanding of the family’s needs is the bulwark of family stability.

According to the Hindu Marriage act of 1955, the court-ordered financial support paid by one spouse to the other after a legal separation is called alimony. Alimony is not just a legal term but reflective of deeper social import, wherein not only the financial requirements of the separated wife is addressed, but also her dignity is enshrined by law. The legal sanction of alimony should not obscure the underlying injustice or imprudence of the underlying issue of marital discord leading to separation. Unfortunately, in today’s world, the Act is often abused by opportunistic women. Apropos, the recent incident of Atul Subhash, has created a commotion in the public domain. Ananda Shankar Ray has expressed on the issue of women’s financial independence, and the importance of women’s pride and dignity in a gender-biased society.  When a law is misused by contriving women, it actually hampers the cause of other women who are genuinely affected. The sacred purpose of the legislation is hijacked.

 In this presentation, I have attempted to analyze the scope and implications of marital discord, and the duality involved in the interpretation of the Marriage Act, primarily based on Annada Shankar Ray’s exposition on the subject.