A Comparative Analysis of Marriage, Divorce, and Maintenance Laws in Hindu and Muslim Personal Laws in India: Legal Frameworks and Gender Implications
Mangala T.P, Dr. Prakash Kanive, Dr. B S Reddy
Abstract
Marriage, divorce, and maintenance laws in India are deeply rooted in the country's pluralistic legal framework, reflecting the diverse religious and cultural traditions. Hindu and Muslim personal laws, governed by distinct statutes and customs, exemplify this plurality. This article explores the legal frameworks governing marriage, divorce, and maintenance in Hindu and Muslim personal laws, highlighting their historical foundations, procedural aspects, and gendered implications. Marriage, as a socially sanctioned union, imposes rights and duties on spouses, influenced by customs, community traditions, and statutory laws. Divorce, historically more prevalent in Islamic traditions, is now legally recognized across religions as a remedy for irreparable marital breakdowns. Maintenance, ensuring the financial sustenance of a spouse post-divorce, varies significantly in its application under Hindu and Muslim laws, reflecting differences in religious doctrines and societal norms. The article also examines gender implications within these legal frameworks, including issues of child marriage, dowry-related violence, polygamy, and transnational marriage abandonment. While constitutional provisions like Article 14 advocate gender equality, the lived realities of women in India often reveal gaps between legal protections and actual experiences of inequality. Despite progressive reforms and feminist advocacy, discriminatory practices persist, especially within personal laws, underscoring the need for continued legal and societal transformation. By analysing marriage, divorce, and maintenance through legal, cultural, and gendered lenses, the study sheds light on the complexities of personal laws and their impact on women's rights and empowerment in India.