Understanding Divorce, Alimony, and Marriage in India
In recent times, we have seen a lot of Divorces filed by Couples. In the meantime, we are also listening to some words like Alimony and Dowry. What are these terms, what do they even mean, and why are they associated with Terms like Divorce and Marriage? Then Another Question arises: What is a divorce, what is a Marriage, and how do we Define it and recognize it?
Talking about the Word “Marriage” which is Familiar to Almost everyone. When we think about marriage we think of the basic union between a male and a Female. However, In legal terms, marriage is a legally recognized union between two people, establishing rights, obligations, and responsibilities between the individuals, their children, and their families.
Now In India, there are Several Laws under which a Marriage can be legally recognized like the Hindu Marriage Act, 1955 (Which Covers Individuals Belonging to religions like Hinduism, Buddhism, Jainism, and Sikhism), Special Marriage Act, 1954 (For Certain Special Cases), Muslim Personal laws (For Individuals Belonging from Islam).
All These Laws cover Marriage in Different faiths and Contain different Rules and regulations regarding Marriage, Divorce, and Maintenance. Now one might think What is a Divorce what is a maintenance and why is it given?
A Divorce signifies the formal, legal termination of a marriage by a court. It involves the dissolution of the marital bond, which can have significant implications for property, child custody, spousal support (alimony), and other related matters. It includes Maintenance which implies financial Help for the upliftment of the weaker Partner in a marriage who lacks financial stability and is unable to maintain themselves due to having no means of income.
Now different laws have different conditions and procedures regarding filing of divorce and conditions under which one is entitled to get maintenance.
For Example:
Under the Hindu Marriage Act, divorce is permissible on several grounds, including adultery, cruelty, desertion, conversion to another religion, and mental disorder. Additionally, a spouse can seek divorce if the other spouse is suffering from a communicable disease or has renounced the world. Divorce by mutual consent is also an option, but a cooling-off period of six months is required after the initial joint petition.
Under the Special Marriage Act of 1954, divorce can be obtained either through mutual consent or on specific grounds. For mutual consent divorce, couples must have been living separately for at least one year and agree to dissolve the marriage.
In Islamic law, divorce (Talaq) is primarily initiated by the husband, who can pronounce it without needing a specific reason. However, there are also circumstances where the wife can seek divorce (Khula) and situations where a judicial divorce (Mubarak or separation) may be sought.
The Rise of Alimony-Related Concerns
Now in recent headlines, we are listening to another term: “alimony”. In law, alimony, also known as spousal support or maintenance, refers to court-ordered financial support paid by one spouse to the other, typically after a divorce or legal separation. Typically, it serves as financial support for the weaker partner in a marriage after divorce is initiated.
While the purpose of introducing this concept was quite noble, in recent times, this concept has been misused by many partners to extort money and harass their partners mentally. There are several cases where one partner in a marriage is harassed in the name of alimony and maintenance by the other partner.
The most significant case was the infamous Atul Subhash Case, where the couple, married in 2019, lived separately for three years and had a four-year-old son together. Allegations of harassment, extortion, and financial demands marked the divorce proceedings. Before his death, Subhash left behind a 24-page document and an 81‑minute video recording. In these documents, he expressed his concerns and grievances regarding his divorce and custody case.
Legal Implications: Section 498A and Dowry
The legal proceedings included multiple accusations against him, including domestic violence and dowry harassment. He pleaded his innocence and blamed the false accusations against him under Section 498A of the Indian Penal Code, which aims to protect women from domestic violence and dowry-related harassment.
Now one might think: what is Section 498A of IPC? What is dowry and what are dowry deaths?
Section 498A of the Indian Penal Code (Now Sections 85 and 86 in the Bharatiya Nyaya Sanhita, 2023) deals with cruelty to a married woman by her husband or his relatives. It is a criminal offence punishable with imprisonment of up to three years and a fine. The section aims to protect women from harassment and cruelty within the marital home, both mental and physical, mostly related to dowry demands.
In law, dowry is generally defined as property or valuable security given or agreed to be given, either directly or indirectly, by one party to a marriage to the other party, or by their respective families, in connection with the marriage. This can occur before, during, or even after the marriage ceremony.
In Indian law, Section 304B (Now Section 80 of Bharatiya Nyaya Sanhita) of the Indian Penal Code defines “dowry death” as the death of a woman caused by burns or bodily injury, or occurring otherwise than under normal circumstances, within seven years of her marriage, and if it is shown that soon before her death she was subjected to cruelty or harassment by her husband or his relatives in connection with any demand for dowry.
Need for Balance and Reform
The concept of dowry death is not new. These ill practices have been present for quite a long time in our society, and our judicial organs and law enforcement are working hard to curb these practices and make our society free of this bane.
However, in recent times, various harassment cases related to alimony and maintenance are also being misused. Both of these issues must be looked upon and fixed because the lives of both men and women matter, and one mistake might lead to another such case.
Even though our judicial system is working on it, it’s not enough, and more is expected and required to protect the innocent, provide justice to them, and give punishment to those who deserve it because Justice always prevails.
“Divorce is one of the most traumatic experiences a person can go through, but the legal system should aim to make it fair, not harder.” — Justice Sandra Day O’Connor
