Abstract
This paper explores the dynamic discourse on men’s right to alimony in the Indian legal framework. It aims at highlighting the urgent need for gender neutral maintenance laws, despite the statutes like the Hindu marriage act, 1955, use gender neutral language, but the society still adopts this provision only limited to women. Through doctrinal analysis, case laws, and international comparisons, this paper highlights the legal and cultural barriers faced by men while claiming maintenance. It also points out the key gaps in literature, judicial reasoning and societal acceptance. The study promotes equality by recommending well structured guidelines and awareness initiatives to promote and ensure justice for all irrespective of their gender.
Keywords
Gender neutrality, maintenance laws in India, men’s right to alimony, Hindu marriage act, 1955, section 125 CRPC, domestic violence act 2005.
Introduction
The 21st century is witnessing a transition of women being the breadwinners and men the homemakers. The long male-female financial dynamic is no longer universal, despite men find themselves liable for alimony even in such situations, besides this reflecting towards the maintenance laws in India, (HMA, Crpc), which was primarily enacted in order to protect the financially dependent wives even after divorce, But considering the current era, these provisions do not seem to align properly. Despite this watershed moment, Indian family law still remains gender intransigent on strong gender assumptions. Moreover the courts have occasionally ruled the judgement in favour of maintenance granted to men, but the statues are yet still silent on this part which ultimately leads to inconsistency and ambiguity, which propounds the question should maintenance laws evolve and become gender neutral or is it forever going to remain a silent idealistic notion?
Research Methodology
This research paper is qualitative in nature and the key sources taken for the research are doctrinal because it is based on legal contexts, statutes and judicial precedents, it is also analytical because this paper scrutinises the maintenance laws and evaluates the need for gender neutral reforms.
Review of literature
Statutory Provisions
Hindu marriage act, 1955
Under the provisions of HMA,1955, the sections which align With the concept of maintenance and alimony are enshrined in § 24 and § 25.
Talking about § 24 which talks about Maintenance pendente lite and expenses of proceedings. It explicitly mentions few conditions in order to grant maintenance
- When the party has no independent income (for support and necessary expense of the proceedings.)
- It can be granted to both husband or wife.
Similarly in § 25 that talks about Permanent alimony and maintenance that is to be granted at the time of passing of the decree, the statute uses gender neutral language.
While the wording of the law is explicitly gender extralegal, the judicial interpretation and society still leans on considering wives as the only beneficiaries, making the provisions of the law inconsiderate.
Code of Criminal Procedure, 1973
This section talks that if a man has sufficient means, he is financially liable to maintain:
- His wife
- Minor child (whether legitimate or illegitimate)
- Major child who is mentally or physically disabled
- His parents
The man is liable to maintain his wife (in case she is unable to maintain herself) but this provision only makes a man liable in order to provide maintenance. But in case the man himself is unemployed, sick or financially weak; this section is silent about the provision given to a man in order to claim maintenance from his wife.
The concept of gender biasness is lucid here because the law assumes the male to always be the earning member of the family and the wife always dependent, which violates article 14 of the Constitution that guarantees equality before law and currently no amendment has been made so far to make this provision gender neutral.
Protection of women from domestic violence Act, 2005
The statute was enacted to provide remedies for women who were facing domestic violence. It gives an abiding perspective of domestic violence that includes not just physical abuse, but also the other key components that are emotional, verbal, sexual, and economic.
§ 20 of this Act gives power to the magistrate to order the respondent, which is usually the husband, to provide pecuniary reliefs to the woman. This is done so that the woman can maintain herself and recover the loss of earnings, any kind of medical and anonymous expenses.
While keeping in mind the current situations arising in the state, this act is developed in many areas and has a wide scope, but besides that it has some noticeable drawbacks. This act totally comprehends the needs and wants of men because it is very gender specific. Under § 2 (a) of this act defines the aggrieved person only as a woman which clearly states that men are not subjected to claim any kind of relief, maintenance or protection. Even if they are victims of domestic abuse, marital, or live in relationships, considering the current scenario where in the traditional gender roles are dynamically being shifted this act remains to be gender specific in nature, and has been criticised by many scholars and courts as well. However, the court still continues to treat the concept of domestic violence, subjected and refrain only towards women considering that they are the only ones being affected by this, which clearly ignores the possibility of male victims.
Judicial precedents
Although the statutes relating to the provisions of maintenance and alimony are largely gender specific and totally negates the needs of males, but on the contrary, the judiciary has slowly begin to realise that maintenance can also be awarded to men in appropriate cases, especially under the statutes that is written written in gender neutral language like the Hindu marriage act, 1955. The courts have started to recognise men’s claims over alimony and maintenance, but when it comes to executing amendments in the laws, it still remains static.
The change on considering maintenance to men is recognised in the following judicial precedents:
In the case of Chetram Mali v. Karishma Saini it was observed that the applicant was entitled to pay sum of ₹21,000 as maintenance, but additionally, due to the provisions of protection of women from domestic violence act 2005, the maintenance got increased to ₹30,000 per month, this was done so because the respondent claims to have no independent source of income, but it was later observed that she was educationally qualified, but she chosen to remain idle without any reasonable explanation. The court kept in mind the D essence of gender neutrality of the provisions of § 24 and 25 of Hindu marriage act and ultimately disposed of the appeal. Here the court focused on the aspect that the principal is financial dependency, not gender.
Another judicial development that was noticed in the context of spouse maintenance is the Supreme Court ruling in Rinku Baheti v. Sandesh Sharda. In this case, it was noted that both the parties were entering into their second marriage. But after a few months, they noticed the inconsistencies in their relations. The husband filed a petition for divorce on the grounds of an irretrievable breakdown of marriage. Whereas the wife demanded for a substantial Alimony amount worth 300 crores, justifying the husband’s wealth, the Supreme Court granted divorce, and directed the husband to pay alimony for the sum of 12 crores although the case involved paying alimony to the wife, but the main aspect that the court highlighted was that alimony is not paid in order to equalise a woman’s wealth with her husband, rather, it is done to adhere with the principles of gender neutrality, especially in the cases of maintenance.
Therefore, the judicial presidents that were discussed clearly portrays a dynamic shift towards gender neutral interpretation in favour of maintenance and alimony laws in India. The courts have gradually started recognising that both men and women can be entitled to financial support, post, divorce or separation, and it should entirely be based on the need and wants of the party rather than relying on the traditional norms. These cases clearly reflect that maintenance laws are not limited to women, but have a wide scope when it comes to facing financial distress.
Gaps in literature
While there has been some extensive scholarly work in order to reciprocate the dynamics of maintenance laws in India, some noticeable gaps still remain in the existing literature, majorly focusing on the maintenance laws, application on men. The areas that require more specific specification includes:
Gender neutral interpretation in maintenance cases: although the judicial system has slowly started addressing the issue and need for men’s right to maintenance, but the scope for academic research is yet Limited, it fails to describe the methods and gender neutral principles court uses to interpret such cases. This is so because the major portion of maintenance is concentrated on women which results in negating a deep rooted analysis on how such principles are applied and impacted on men in family law
Precedents VS societal acceptance: while the judicial presidents have slowly started to bridge the gap by understanding men’s entitlement to maintenance, but likewise, societies perceptions and acceptance play a huge role, while the maintenance cases ruled out in favour of men provide justice and ensure equality, but on the other hand, there is a lot of research required on how the society accepts men claiming maintenance, and how their perceptions influence legal decisions.
impact of cultural norms and judicial reasoning: one of the major reasons that widens the gap of men claiming maintenance is that the deep- seated cultural traditions and perceptions play a huge role in impacting the judicial decisions. Despite the progressive rulings, there is a lack of extensive studies that aids judges to navigate the traditional gender rules while keeping in mind the current situations and ensuring justice.
economic and social consequences of men seeking maintenance: while the literature explores the financial and emotional burden, a woman has to go through while claiming maintenance, there is insufficient emphasis on the economical and social consequences faced by men claiming maintenance, but the unspoken struggle is that how do social pressure and money problems affect a man’s decision to ask for maintenance? This is a certain area that still remains under research.
comparisons with international jurisdictions: on a deeper analysis, Indian law fails to examine the comparative studies on maintenance laws for men that are implemented in other jurisdictions, especially the ones in common law countries like the U.S. , U.K, or Canada. Such researches would help to offer a more insightful practice and lessons learnt from the international systems and how they can be applied and amalgamated in the Indian context.
Lack of empirical studies on case outcomes: while the judicial presidents have been studied in detail, it still lacks research that examines the outcome of maintenance cases. Additionally, the data on success rates, quantum of maintenance awarded and the noticeable, long-term effects of such decisions impacted on men’s financial stability, this would provide a much better practical understanding of how the law operates.
Therefore, it is extremely essential to identify such gaps in order to truly understand what kind of limitations are rising and the highlighted areas where further investigation is required. By filling such voids and providing a detailed analysis on men’s right to maintenance through evolving judicial trends and society shifts.
Review of literature
Academic writings and journals
Critique of gender bias in maintenance laws: many scholars have mentioned the inherent gender bias in India’s maintenance laws in which the general predetermined assumption, presume women as the sole recipients of alimony, for instance, Ragha Sudan S,The Hindu marriage act, 1955, and the Parsi marriage and divorce act, 1936 are written in a gender neutral language, but at the time of execution of such provisions, it is only entitled to women due to the stereotypes and is failing to evolve with changing societal dynamics.
Societal attitudes and cultural norms: the link between societal norms and legal provisions is recurring in nature. Many authors state that despite the provisions being gender neutral, the societal perceptions always stigmatise men viewing them, running away from their traditional masculine roles. Society’s perspective plays an integral role because it has the power to change the perception and make gender neutral, which will influence both the willingness of men to claim maintenance and judiciary’s decision in such cases.
Commentary and statutes
The maintenance laws of India are primarily governed by a mix of several statutes which are secular in nature, such as the code of criminal procedure, 1973, as well as the personal laws that include Hindu marriage act, 1955, special marriage act, 1954 and the protection of women from domestic violence act 2005. The interpretation of the statutes done by the jurists has evolved with the span of time and considered the application of gender neutrality in maintenance claims, though the application is yet to be executed and is still inconsistent.
Code of criminal procedure, 1973: §125 of CrPc is a provision that is applicable to all the citizens of India, irrespective of their religion and caste. This provision allows any person to claim maintenance from another person who has sufficient means and yet has neglected to maintain the other. This provision has been traditionally assumed and is very gender specific because it only considers women, children and the beneficiaries of this provision, but keeping in mind the recent times, the court is trying to adapt the current circumstances and recognised the right of men to claim maintenance under the section.
Hindu marriage act, 1955: § 24, and 25 deal with the interim and permanent maintenance and explicitly states, its nature of being gender neutral, that either the spouse has been a wife have the right to claim maintenance depending on the financial needs in order to maintain themselves.
“ While the statutory language and § 24 and 25 is gender neutral, judicial attitudes often reflect a presumption in favour of women as maintenance recipients. Quotes are now gradually, recognising maintenance claims by financially dependent husbands.” – Mulla, principles of Hindu law(22d ed.2020)
Government reports
The government reports and the law commission have played a role as an indispensable unit in shaping and understanding the reforms undertaken for the maintenance laws in India. These reports provide an insightful idea of the state’s perspective on maintenance, gender, equality, and access to justice.
Law commission of India-257th Report (2015): “ reforms in guardianship and custody laws in India” though this report is majorly concerned with custody, but it also recommended an essential concern that is a shift from mother centric view to agenda neutral approach, which clearly emphasised share parenting an equal responsibilities, these suggestions correlate with the growing demand of gender neutrality, stating that with the state developing, it is an essential aspect and a contributing factor for the nations development.
Law commission-133rd report (1989): “ removal of discrimination against women in matters related to guardianship and custody of mine and children and elaboration of the welfare principal” this report gave a broader definition to equality goals under article 14 and encouraged the legislature to remove gender bias in personal laws, though dated at least foundational arguments in order to revisit provisions like §125 of CrPc in lieu of evolving gender roles.
International comparisons
In order to implement gender neutral maintenance genes in India, it is essential to generate a comparative analysis of the maintenance laws in common law countries as in the United Kingdom, United States, Canada and Australia. These countries have developed an evolved family law system which keeps in mind the current scenarios and shows equality. It also aims to recognise spousal dependency, regardless of gender, and is based on financial capability rather than the gender roles.
Material and method
Nature of study
This research is based on a doctrinal (qualitative and analytical) methodology. It consists of descriptive and a critical analysis of legal provisions, judicial pronouncements, and academic literature, which aims to examine the dynamic situations on gender neutral maintenance in India along with comparative insights from other jurisdictions
Sources of data
The study majorly relies on secondary data that is obtained from the following materials:
Primary legal sources
Hindu marriage act, 1955
Code of criminal procedure, 1973
Protect protection of women from domestic violence act 2005
Relevant case laws from Indian High Court and the Supreme Court
In International legislation and precedents from jurisdiction including the UK, USA, Canada, and Australia.
Secondary sources
Academic commentary and books on family law
Reports by the law commission of India and international law bodies
Government publications and statistics related to maintenance claims
Research techniques
The study of the following techniques:
Doctrine legal analysis: studying the test of statutes and interpreting them using judicial precedents.
Comparative analysis: aims at examining how other countries formulate their maintenance regime, and considering the relevant lessons in the Indian laws.
Critical evaluation: ascertaining gaps and inconsistencies in the existing laws and highlighting the recommended change, and the practical challenges faced by male maintenance claimants.
Citation style
All references in this research paper are cited according to the bluebook: a uniform system of citation,20th edition. Statutes are cited in small caps, and case laws, journal articles, and books, follow standard blue book rules.
Suggestions
Based on the evaluation of Indian legal provisions, judicial interpretations, and comparative international models. The following suggestions are proposed to enhance justice and fairness of maintenance laws in India:
Introduction of maintenance guidelines
India should adopt a secular well structured guideline based framework, which is similar to Canada’s spousal and support advisory guidelines (SSAG). such frameworks can help courts determine fair maintenance amounts based on:
Duration of marriage, financial disparity , contribution to the household, which includes both monetary and non-monetary aspects, care responsibility, standard of living during marriage
This would certainly impact to ensure consistency and reduce any subjectivity in judicial decisions
Awareness and access to legal remedies
Many men who are considered to claim maintenance from their wives cannot do so, because they’re unaware and are hesitant to claim due to social stigma. This is the duty of government and civil society to promote awareness campaigns and legal aid services. In order to educate people about the gender neutral maintenance provisions, so that justice may always be delivered to the needy.
Expanding definitions of domestic relationships
As seen in countries like Australia, where even de facto relationships and same sex partnerships are eligible for maintenance. Similarly, Indian law should also evolve in order to recognise non-traditional family structures. This aims at providing a broad perspective and scope to maintenance laws.
Data collection and research, the government and judiciary should collect and maintain data on all of the maintenance claims, which includes the cases filed by men. The main objective is to focus on how the law is functioning in practice. Such data and statistics will efficiently provide evidence for policy making and judicial reforms, which makes it easier for the legislature to keep in mind the needs and requirements of the people.
Conclusion
The institution of maintenance is based on the principles of ensuring financial support and dignity to the weaker spouse, following a marital breakdown, such right, which was traditionally perceived only as a women’s right, but the time maintenance laws have evolved and embraced gender neutral language in selective provisions. But the application and societal attitude of maintenance laws yet remains largely gendered, which automatically creates systematic and societal hurdles in asserting rights for men.
Through doctrine analysis and comparative insights from different jurisdictions. This paper highlights a noticeable global shift towards equality based maintenance framework, legal systems can only be useful and efficient for the people if it aims at evolving with changing social dynamics in an era where gender roles are fluid and both spouses aim to contribute equally in their marital partnership, it is also a duty of the Indian law to recognise and support all dependents irrespective of their gender.
A move towards gender neutral maintenance laws, not only aims, legal correctness, but it is a step towards just an empathetic society.
References
- The Hindu Marriage Act, No. 25 of 1955, Acts of Parliament, 1955 (India).
- The Code of Criminal Procedure, No. 2 of 1973, Acts of Parliament, 1974 (India).
- The Code of Criminal Procedure, § 125, No. 2 of 1974, India Code (1974).
- The Protection of Women from Domestic Violence Act, No. 43 of 2005, § 20, India Code (2005).
- Chetram Mali v. Karishma Saini, MAT. APP. (F.C.) 196/2023, 2023 SCC OnLine Del 7318 (Del. HC Nov. 21, 2023).
- Rinku Baheti v. Sandesh Sharda, 2024 INSC 1014 (India).
- Ragha Sudhan S., Gender Neutrality in Maintenance and Alimony, SSRN (Feb. 28, 2023), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4316231.
- Sir Dinshah Fardunji Mulla, Principles of Hindu Law 122 (Satyajeet A. Desai ed., 22d ed. 2020).
- Law Comm’n of India, Report No. 257, Reforms in Guardianship and Custody Laws in India (2015), https://lawcommissionofindia.nic.in/reports/Report257.pdf.
- Law Comm’n of India, Report No. 133, Removal of Discrimination Against Women in Matters Relating to Guardianship and Custody of Minor Children and Elaboration of the Welfare Principle (1989), https://lawcommissionofindia.nic.in/reports/rep133.pdf.
Aaliya John, student of Chandigarh law College, Jhanjeri