Laws Relating to Women's Right to Maintenance in India: An Analytical Study

Abstract

The right to maintenance is a crucial aspect of women’s rights in India, ensuring their financial stability and dignity in cases of marital discord, separation, or divorce. This analytical study examines the various legal provisions governing women’s right to maintenance in India, encompassing both statutory and personal laws. Key legislations like the Hindu Marriage Act, 1955, the Code of Criminal Procedure, 1973 (Section 125), the Muslim Women (Protection of Rights on Divorce) Act, 1986, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and other relevant laws are analyzed to understand their scope, application and impact on women’s rights. The study explores how these laws aim to provide financial support, address the socio-economic challenges faced by women and promote gender justice. It also delves into judicial interpretations that have shaped these laws and discusses the balance between personal laws and secular legal frameworks. The paper concludes with an assessment of the effectiveness of these laws in protecting women’s rights and the need for reforms to ensure equitable and inclusive access to justice for all women in India.