Beyond dependency: Rethinking alimony for new-age Indian marriages

Abstract

The institution of marriage in India is undergoing significant transformation, driven by urbanization, changing gender roles, economic empowerment, and evolving social norms. These shifts have profoundly influenced the legal and social frameworks surrounding alimony, which has traditionally served as financial support for the economically dependent spouse after divorce. The rise of short-term marriages, dual-income households, mutual consent divorces, and live-in relationships has challenged the conventional assumptions underpinning maintenance and alimony.This paper offers a critical examination of how Indian matrimonial laws particularly the Hindu Marriage Act, the Special Marriage Act, Section 125 of the Criminal Procedure Code, and the Protection of Women from Domestic Violence Act, 2005 respond to these changing dynamics. It explores landmark judicial decisions that have progressively expanded the understanding of alimony, taking into account factors such as earning potential, lifestyle during the marriage, sacrifices made by spouses, and the value of non-financial contributions like caregiving and homemaking.The study also addresses persistent challenges, including the misuse of maintenance provisions, inconsistent judicial interpretations, and gender biases that impact both men and women. It underscores the need for legal recognition of prenuptial agreements and maintenance rights in live-in relationships areas currently lacking clear legal framework in India. Drawing on international practices and evolving jurisprudence, the paper advocates for comprehensive legal reform aimed at creating a uniform, equitable, and enforceable maintenance regime that aligns with the realities of modern Indian relationships.