The Evolving Landscape of Matrimonial Law in India: A Sociological Analysis of Divorce, Alimony, and Gendered Justice

Abstract

Divorce in India is a complex process involving significant emotional, financial, and social implications. Guided by a diverse statutory framework that encompasses religion-specific personal laws and secular legislation, Indian matrimonial law has evolved progressively towards greater equity and justice. This paper undertakes a sociological analysis of the legal provisions concerning divorce, focusing on the procedures for mutual consent and contested divorce, as well as the critical subsequent issues of alimony, maintenance, and child custody. Furthermore, this analysis examines the socio-legal debate regarding alleged gender biases in the application of these laws, particularly in relation to financial support and custody doctrines, while acknowledging the judicial trend towards gender-neutral principles and equitable outcomes in marital dissolution proceedings.